A retratação da confissão extrajudicial e seus efeitos no Tribunal do Júri: uma análise à luz do Caso Evandro

Abstract

The present work seeks to analyze the retraction of the evidence of confession and the impacts of the valuation of low reliability evidence in criminal proceedings submitted to the jury trial. To this end, the following problem-question is proposed: “To what extent can extrajudicial confession as evidence considered of low reliability compromise the proper assessment of evidence by jurors?”. To answer it, the work studied the evidence of confession in the Brazilian criminal procedure, its peculiarities and aspects that reduce the reliability for its use. The specific characteristics related to the jury's procedure were also addressed, especially regarding the evaluation of the evidence, highlighting the relevance of the admissibility judgment and the filtering of the evidence, as well as the care with its production in plenary. Finally, the Evandro case was analyzed, a criminal proceeding submitted to the jury that resulted in the conviction of four of the seven defendants in the face of a confession made at the police headquarters and retracted in court. In the analysis, general aspects of the process were highlighted, raising the problems of illegality of the evidence and low reliability. Specific aspects of the pronunciation decision and appeal judgments were also addressed in order to understand the analysis of evidence filtering and its impacts.