Aplicação da teoria da perda de uma chance probatória ao processo penal

Abstract

This work studies the possibility and feasibility of application of the theory of loss of a chance to Brazilian criminal proceedings, to it, performing a brief rescue the legal repertoire with regard to the Constitutional hermeneutics, given its importance to the adoption of the theory, well as with regard to fundamental rights and guarantees of the citizen. Also necessary to trace out the constitutional principles in the Brazilian criminal procedural Law, focusing on the principle of presumption of innocence, legal defense, contradictory, due process and please the king, so to understand the perspectives that can enable the application of the theory of loss of a probative chance. Nodal importance also to bring out the concept and historical origin of the principle of loss of a chance, which historically occurred in property Law, having recently joined the Brazilian legal system, and is gaining momentum in several fields. Also needed outside the study of criminology, branch dedicated to procedures and methodologies that should preferably be employed after the Discovery of a specific crime, with the primary aim to preserve and collect all available evidence at the site so as not DEFILE THEM. At the end, it can be concluded that when demonstrably negligent in carrying out his duty in the perspective of the criminal justice process state so that it Will harm the defendant, the principle of the loss of an evidentiary chance Will take place for an unfair Trial does not occur.