O valor probatório do depoimento oral e a forma inquisitiva no processo penal brasileiro.

Abstract

The Code of Criminal Procedure has in its structure a relevant role in the rule of law. On the other hand, it is their duty to materialize the condemnatory sanction against a criminal subject and to subsume the penal rule abstracted by the judge seeing the consequence of guaranteeing the people's rights against procedural recklessness and state arbitration. The difference between the inquisitive criminal procedural system carried out in Rome in remote times and the current mixed system in the Brazilian Penal Process is in some sense tenuous. One of the issues falls on the production of oral evidence and its effectiveness regarding the probatory value in criminal demands. The work will point out inquisitive characteristics in the current instruction of the criminal process, which are shown to be discretionary in relation to the defendant's rights.