Prova pericial no processo penal: motivação e controle das decisões judiciais

Abstract

Taking as premises the conformation of the constitutional rule of law and procedural safeguards, this study is a contribution to the dicsussion about the use of expert evidence, its admissibility, and valuation control, at the Brazilian procedural system. The Democratic State imposes on its agents the motivation, not only of judgments, but of all the acts that have decision-making matrix, and impose some restrictions, however small, in the freedom of the individual. In turn, the contradictory, expression of political principle of democratic participation, says the need to enable participation of the individual in forming a decision that affects their area of interest. The orientation of the process as a tool in the service of achieving justice, and the construction of fair decisions, presupposes a correct assertion of factual truth. This requires that adopted a conception of the phenomenon that the evidence as a tool to understand and epistemological statement. From this perspective, the use of expert testimony, especially those which are of a scientific nature, proves an effective means of obtaining the truth in the process, provided that such evidence is relevant and reliable, demonstrating the need for its control.