Análise da tanatologia forense como meio relevante para prova pericial.

Abstract

The research is dedicated to examining the application of Forensic Thanatology as a method of expert evidence. The central question that directs this investigation is the evaluation of the effectiveness of Thanatology as a practical evidentiary element in criminal cases. The central hypothesis supported by the research is based on the premise that, for criminal prosecution to be successful in the administration of justice, it is imperative establish a solid relationship between the events that occurred and the legal precepts in force. In this context, expert evidence is a crucial component, given its technical and scientific characteristics, and plays a prominent role in the elucidation and investigation of crimes. The main purpose of the study is to comprehensively analyze the application of Thanatology as a evidence in criminal proceedings. Its objective is to evaluate how this discipline aligns with the legal principles of the criminal justice system, considering both its strengths and limitations. The aim is to provide a critical and well-founded perspective on the role of this science in the search for truth within the legal context. In turn, the specific objectives of this study include three crucial areas, the first, addresses the philosophical history of death in the context of legal medicine and law, then, the role of evidence in the legal system and criminal proceedings is explored, with emphasis on expert evidence, finally, it is examined how Thanatology, a specialization of legal medicine, contributes to the presentation of solid evidence in criminal cases. The search will be elaborated with a propositional historical approach, highlighting the importance of Legal Medicine through the thanatological process in identifying probative evidence. As for the methodological approach, the research will adopt the deductive method to understand complexity through a holistic view of concrete reality. Therefore, the investigation will consist of a case study supported by research documentation and bibliographic review. Thus, it is understood that among the means of evidence in procedural law, expert evidence has a crucial content due to its ability to ensure the maximum veracity of the facts in a scientific and impartial way, due to its material nature. Likewise, it can be seen that Forensic Thanatology plays a role of significant importance in the context of the Brazilian judicial system. However, based on the research carried out, it was found that the Brazilian system presents considerable deficiencies, due to the lack of investment in this area and the precariousness that subjects expert procedures to well-founded failures and, in some situations, to the lack of conclusion, which which makes resolving cases even longer.