Provas em vídeo: uma análise discursiva das decisões das varas criminais da comarca de Minas Gerais e São Paulo dos anos de 2009, 2010, 2011 e 2012

Abstract

Technological progress has invaded the judiciary and the use of visual evidence as instruments of proof and persuasion are increasing. In fact, the use of photographs, graphics, medical imaging, computational manipulations, videos in the context of lawsuits are increasingly more frequent. It has created at the core of practice and legal theory the need for interdisciplinary discussion about its effects. Thus, the main purpose of this paper is to reflect on the aspect of intelligibility and rhetoric of visual evidence, as well as understand through jurisprudential narratives: how judges are dealing with this type of evidence. Therefore, besides the literature on the use of images, the present paper covers a qualitative and quantitative empirical study of the nature of the decisions involving video evidence in the Courts of Justice of Minas Gerais and São Paulo during the years 2009, 2010, 2011, 2012 with the aim of adjusting the theoretical and pragmatic reality of Brazilian justice issues.