Princípio da verdade real: desconhecimento pelo juiz e suas implicações para a instrução processual.

Abstract

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.