A prova em vídeo no processo penal: a interpretação da imagem e a construção da fundamentação judicial a partir da evidência imagética

Abstract

Among the many evidences that may compose a probative set, the video evidence is one that acquired great relevance in the past years due to technological advances like digital cameras and smartphones. The comprehension of the interpretative process of the images that compose the video evidence and the analysis of the judicial grounds based on the video constitutes the main objectives of this thesis. To achieve the intended, we will introduce two theoretical frameworks: one related to the image as visual argument and the necessary tools for image interpretation by the judiciary; another related to the criminal proceeding and the search for truth, the probatives standards and the minimum probationary activity in this type ofprocedure. The analysis of the judicial grounds will be made through case studies, where five court decisions will be discussed using the theoretical frameworks previously introduced. The chosen court decisions are part of a quantitative research about video evidence found in the courts of justice of the brazilian southeast, between the years of 2006 and 2016; some data from this research will be presented to assess the general view and characteristics of video evidence in the brazilian courts. We intend to use the listed theories, the quantitative research and the case studies so that the intended objective is achieved.