TAVARES, P. T. C.; http://lattes.cnpq.br/8605397590142902; TAVARES, Priscila Tércia da Costa.
Resumen:
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.
