A (IN)APLICABILIDADE DO ARTIGO 156, II, DO CPP NO ÂMBITO DO SUPERIOR TRIBUNAL DE JUSTIÇA A PARTIR DE ANÁLISE JURISPRUDENCIAL

Abstract

The present work consists of a jurisprudential research carried out from June 1, 2014 to June 1, 2015, in the Superior Court of Justice, in order to identify the (in)applicability of article 156, item II, of the Criminal Procedure Code. The cited article allows the judge to produce evidence, by himself, in the course of criminal proceedings, to resolve any doubts. The subject here was approached from the point of view of the criminal due process, the principles of judge’s imparciality, in dubio pro reo, innocence’s presumption, real truth versus procedural truth and other arguments used in the analyzed decisions.