BEZERRA FILHO, J.; http://lattes.cnpq.br/3803842312284378; BEZERRA FILHO, João .
Resumo:
This scientific work has as theme “Instrumental transcommunication as evidence in
criminal proceedings: An analysis from the scientific discourse”. Its objectives are to
assess how the probationary system works in the Brazilian Penal Process,
investigate the veracity of instrumental transcommunication from scientific discourse
and propose the use of instrumental transcommunication as evidence in criminal
proceedings. The term proof designates the resource that can enlighten the facts
authenticities for the magistrate. According to penal proceedings, these are defined
as a rhetorical tool used to uncover the truth. Scientific proofs receive meritorious
prestige, among them we may demonstrate the messages obtained through
instrumental transcommunication; its scientific method is shown instead of
spiritualistic science, besides its expertise analysis validation. The
transcommunicative manifestations are analyzed by scientists worldwide. In spite of
the existence of fraud, in general are blessed with academic harboring, and therefore
considered true. The Law office (Criminal Procedure), as a set of existing and
coercive rules imposed by the State, which will govern the life of society at a given
historical moment, should monitor carefully the evolution of man and science. Soon,
it is imperative that the legal knowledge observes the constant renewal of evidence,
in respect of the principle of probation freedom. To this graduation paper, it is applied
the hypothetical-deductive approach. As a procedure method, it was used a literature
search, which was focused on the examination of published literature in different
areas, besides the historical evolution, which has the design to prove the truth
through observation, evolution and historical comparison of the different ages. In
terms of theory, the research consists of constitutional and complementary principles,
criminal law, doctrine and specialized literature, from the internet. At the end of the
research, concerning the problem, which had the power to see to what extent the use
of transcommunication as evidence before criminal trial could be a crucial factor in
justice application and the clarification of a crime, occurred ratification of the raised
hypothesis, the use of transcommunication as evidence should be considered a
relevant point in the search for real truth, once the demarcation of crimes, and
consequent application of valid evidences, are critical to the achievement of the most
legitimate Justice.