Transcomunicação instrumental como prova no Processo Penal: uma análise a partir do discurso científico.

Abstract

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.