O juiz e a prova obtida por meio consensual no processo penal

Abstract

The present paper intends to emphasize the reforms in the legislation that point to an increase of the consensualism in the scope of the criminal law, with a consequent relativization of publicism. The entry into force of the New Code of Civil Procedure expressly permitted the conventions of evidence, an unprecedented theme in our legal system. In order to do this, it will address the history of procedural systems, considering their peculiarities about consensualism, as well as the historical roots of publicism and privatism and what role they currently play. In this bias, the paper proposes to analyze the possibility of transposing the evidentiary agreement to the criminal process and, for the part of the doctrine that it considers the same as possible, to discuss its influence in the investigatory powers of the judge. This theme must be approached with the science that the presupposition of a fair decision is a process surrounded by fundamental guarantees and the freedom that the procedural system confers on the judge in the search for truth.