A confissão como meio de prova: aplicação no procedimento do tribunal do júri x violação de garantias constitucionais

Abstract

The study investigated the consequences of the admission of guilt by the accused in criminal cases, especially on a jury trial. After historical analysis of the formation and development of the People‟s Court in Brazil, appreciated principles and constitutional guarantees applicable to criminal proceedings and the jury, as audi alteram partem, accusatory and inquisitorial principles, the principle of presumption of innocence, principle of sovereignty of the veredicts and principles of free motivated conviction and inner conviction. Subsequently, the valuation of the confession was analyzed detained manner, based on the principles described above. Furthermore, it was concluded that the court obtained confession can not be used as the sole justifier element of criminal sentence, both the ordinary criminal process and the jury, while the extra-judicial confession can only be used for the receipt of initial accusatory, after that, it should be destroyed, especially in the Peoples‟s Court, only then, the jury will be able to consider other evidence in the case and render a decision without any addiction. For this, the methodology used in the development of the work was the indirect documentation, consisting of bibliographic and documentary research.