O controle da prova pericial pelo magistrado como garantia a tutela justa

Abstract

The present monographic work had as general goal to analyze the extra juridical influences that can interfere in the valuation of the expert evidence by the magistrate in the rational persuasion system. The justification was the need to prevent the expert from being the judge of the case. Did it start off with the issue that magistrates may be influenced, albeit unconsciously, to make certain decisions on matters requiring extra-juridical knowledge, such as technical-scientific questions involving expert evidence? Considering the hypothesis that magistrates are influenced at all times, which may hinder judicial activity, especially in the analysis of factual questions that relate to technical, scientific or specialized knowledge. It was thus concluded that in order to reduce external influences and that the magistrate is at the mercy of the expert, there is a need for their democratic qualification, with learning from the different perspectives that surround the same theme, as well as the greater possible specialization of the court in which they will hold office.