ABRANTES, P. A. G.; http://lattes.cnpq.br/5606094862634056; ABRANTES, Paulo Augusto Gadelha de
Résumé:
The criminal process is not satisfied, for its controversies solution, with the formal
truth, known as the truth of the process body, only formed by the parts’ allegation and
proofs by them produced, that is because its object is the protection of the more
important juridical goods, according to the fragment principie of the criminal law.
Thus, it was adopted at the criminal procedural law the principie of the real truth, that
it guides the procedure in the sense of looking for reproducing on the process body
of the process, with the most approximate accuracy, the criminal facts as they really
happened. The legislator, along the time, made several changes in the legislation
that contributed for the reach of the ideal that translates the principie of the real truth,
the addition of freedom to the judge to look for the proof by himself in some cases
for example, and other changes which hindered the reach of that truth, the proposal
of the criminal transaction that, it is accepted, it impedes the pursuit of the process
and the extrication of the cause for example. Such changes which were done by the
legislator, on behalf of the real truth, it generated reflexes in the criminal procedural
system adopted by Brazil. Of the three existent procedural systems: accusatory
system, inquisitive system and mixed system, the first is pointed by the doctrine as
the idealized by the Federal Constitution of 1988. Owed the mentioned alterations,
the Brazilian procedural system has moved away from a pure accusatory system to
present as an accusatory system with traces of the inquisitive system.
