A Importância Da Prova Pericial No Processo Penal E a Imparcialidade Do Perito Na Investigação Criminal
Year: 2024
Type: article
Abstract: The production of expert evidence is a legal and essential instrument that enables the judge to be convinced regarding the conduct and decision of a criminal case. The cooperation of judicial experts is of great importance in the elucidation of crimes, in order to reveal the truth of the facts, and this is achieved through the impartial figure of the expert witness, who is essential in criminal matters for the formation of procedural validity. Article 156 of the Code of Civil Procedure (CPC) determines that the judge must be assisted by an expert when the proof of a fact depends on technical or scientific knowledge. Forensic medicine is a unique tool in favor of legal truth, which points to a relevant social service, especially with regard to the unraveling of hate crimes increasingly committed in our country. To address this subject, this text has as its main objective to address the importance of expert evidence in criminal proceedings and the impartiality of the expert in criminal investigation. Since expert evidence will still be discussed and the importance of impartial expert action to prevent procedural nullity will be emphasized, especially with regard to hate crimes. The methodology used to carry out this work is bibliographic research with qualitative analysis of the relevant legislation and doctrine. It is hoped that this work will draw the reader's attention to the importance of the relationship between forensic medicine and justice, highlighting the role of the expert.
Author: Marjore Moreira Barbosa Silva
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W4404901644