As evoluções e retrocessos da busca pela verdade real e suas influências no sistema processual penal brasileiro

Abstract

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.