Prova, processo e criminalidade econômico-financeira: um estudo acerca da efetividade da tutela jurisdicional no Brasil contemporâneo

Abstract

In a historical and social context marked by globalization, as well as by the maximization of the means of production and by an unprecedented human techno-scientific advance, Law is called upon to offer answers to the so-called “new risks” that multiply in the scope of modern society. At the heart of this problem, criminal activity has also changed and improved, starting to pose threats to the maintenance of the economic-financial order. Thus, within the scope of criminal sciences, Economic Criminal Law emerged, dedicated precisely to the study of these criminal practices, based of their many specificities (especially in comparison to those that are the object of traditional Criminal Law). The Procedural Law, in turn, was also impacted by the so-called social and legal transformations, being the object of significant transformations over the last decades that permeate the need to guarantee the fundamental rights of individuals, especially with regard to the production and the adequate and rational evaluation of evidence, under penalty of jeopardizing the effectiveness of the judicial protection – postulate of a fair and democratic process, from which the present research is guided and finds support, with the objective of contributing to the scientific community through the demonstration of its empirical relevance and the construction of concrete premises for its validation in the national criminal process.