A perícia oficial e o livre convencimento do juiz: é preciso mudar para ultrapassar a dúvida razoável

Abstract

This work is the outcome of a study on the evidence and the magistrate convincing, especially, through a controlled unofficial forensics, which is proposed as a possible solution to improve the debate “audi alteram partem”. Forensic evidence, once is based on scientific knowledge that the magistrate does not, tends to be highly valued and is hardly rejected. Technological advances and the increasing complexity of social relations trampled state forensics apparatus. Maintaining the officiality of the forensic lessens the evidence set in the search for the truth and puts on the judge a hard task when sentencing the cause.