Interrogatório por videoconferência: progresso ou retrocesso para o progresso penal Brasileiro?

Abstract

In the globalized world we currently live, new problems emerge and create new ways of approach so that they can be solved. The Brazilian Code of Criminal Procedure, published in the 1940‟s, presents itself obsolete in many aspects, among these, the defendant‟s interrogation, for this reason some laws proceeded to significant alterations in this diploma. The videoconference in Brazil is regulated in the Federal Law 11.900/09 which altered some of the devices of the Code of Criminal Procedure and is inserted in the national legal system with the exceptional possibility of accomplishment of a remote interrogation in some situations listed by the law and under the decision of a judge. The present monograph has as its main goal to analyze the videoconference law in the Brazilian criminal procedure, specifically the one carried out in the criminal interrogations, under the perspective of the theory of penal garantism, in harmony with the constitutional principles applicable to the species. In turn, these are specific goals: to study the interrogation through videoconference; to identify the theoretical background of the penal garantism, as well as the initiating guidelines which orient the garantist penal procedure; to carry out the thematic jurisprudential survey, taking as temporal variant the advent of the studied law. For that, it will be employed the hypothetic-deductive and dialectic methods. The former, leaving from the hypothesis that the videoconference interrogation is in harmony with the garantist procedural context and the latter, when analyzing the opposing positions in the Brazilian doctrine and jurisprudence. As research technique it will be used the bibliographic, as well as the indirect documental, aiming to make the research more precise to its information. At the end of the investigation of the problem presented in this study, it will be possible to confirm, or not, negative hypothesis, demonstrating that the videoconference institute does not harm the constitutional principles which rule the criminal procedure, contributing for the resolution of the many problems currently faced by Brazilian justice, which has the fourth largest prison population in the world. We achieve the conclusion that the videoconference is perfectly compatible with the constitutional principles in the light of the penal garantism and shows itself as an instrument of progress in the criminal justice.