A nova dinâmica de compreensão do processo penal Brasileiro via teoria dos jogos.

Abstract

This research objectives to propose a dissidence to learn seated on incontrovertible premises. An approach which verses about the Games Theory, branch of Decision Theory, which has practical applicability in many fields of human knowledge, also in Processual Penal Right, in order to make a (re) reading of the notion of process. In this sense, it works to the notion of process as war, where is highlighted the reality that the one that best takes advantage of the chances and frees up procedural loads, or reduce the risks, would be the one that wins the game. For this, the player must be aware of some factors, the psychological aspect of the process, which cooperate to obtain a favorable decision, inside the rules of the game. The Penal Process, according to the Constitution, claims to the concretization of accusatory system in Brazil, to promote the fulfillment of constitutional guarantees the primacy of substantial due legal process. For that, we used the inductive approach method, because of the analysis of the factors that lead to favorable decision to complete the applicability of the theory to the Brazilian procedural law. Regarding the procedure method, it was used the hermeneutic, since it presents the process like a game on searchs to amply creatively the comprehension possibilities. In the end, as techniques of research, were used documents and bibliography. It was verified that every procedural game is unique and to the penal process doesn’t exist a success formula, the preparation leads to the success, but the surprise element can be present through the subgames.