ARRUDA, M. R.; http://lattes.cnpq.br/6922485027177600; ARRUDA, Mayara Rodrigues.
Resumo:
At the end of the criminal trial nodal point under discussion is the discussion and
questioning about the truth. Several authors were concerned initially with the issue of
"truth", coming to a conclusion that the truth is the whole, and the whole is too much for
us humans. Thus, in response to unrest, began with searches in categories such as
probability, the certainty, the possibility, among others, maintaining, however, a
paradigm: the truth. Hence the question: "what is the truth of the case?" Answer it
implies whether the human being is capable of reaching beaded fact, in view of human
fallibility and the limits that are imposed. Anyway, the truth aspire to the process as
much as possible close to the truth of the facts, or the offense, is the goal to which all
should seek criminal prosecution, no less important is the presence within the legal
system of other values, even more important, to achieve a sense of human justice that
the very scope of the truth of the facts in the case. Faced with this problem mentioned
here, we sought to study and analyze the principle of real truth to answer the following
questions: a) you can get to a real truth in criminal proceedings? B) What is the
importance of the instruction judge in the evidentiary search of the real truth? By
answering such questions, using, for this, the historical-evolutionary purpose of
demonstrating the emergence and development of the principle of real truth over time,
and the juridical-exegetical method in the interpretation of rules and principles,
jurisprudence and doctrines, always based on legal factors all with the aim of conjecture
about the ignorance of the real truth by the magistrate that brings relevant implications,
especially for procedural instruction. Indeed, when considering the applicability of the
principle in this case, to eradicate this way is the artificiality and apply the law fairly. As
a result, it was found that the judge can and must, using its power instructive GED, seek
to overcome doubt and uncover the truth of the facts placed in dispute since
conservation instructive power of the judge in the course of that procedure is conquest
aims to tailor the process garantista and effective, so strive to not antagonize these
concepts.