BETWEEN JUDGES AND “DEMIGODS”: THE NULLITY OF THE JUDICIAL PROBATORY INITIATIVE IN THE TESTIMONY COLLECTION FROM THE VIEWPOINT OF THE SUPERIOR COURT OF JUSTICE AND THE SUPREME FEDERAL COURT

• Main Authors: Luanna Tomaz de Souza, Vinicius Lima Costa
• Format: Article
• Language: English
• Published: Universidade do Estado do Rio de Janeiro 2021-09-01
• Series: Revista Eletrônica de Direito Processual
• Subjects: witness inquiry; criminal procedural nullities; criminal procedural systems; jurisprudential analysis
• Online Access: https://www.e-publicacoes.uerj.br/index.php/redp/article/view/56766/39104

It is intended to analyze the understanding of the Superior Court of Justice and the Supreme Federal Court regarding the nullity resulting from the judicial evidential initiative in the production of testimonial evidence, in violation of the article in art. 212 of the Criminal Procedure Code, with the wording of Law n. 11.690/2008. Using the inductive method and through jurisprudential research with a quali-quantitative basis, it was sought to verify whether the understanding established by these Courts finds conformity in the Constitution, starting from the model of criminal procedural system adopted by it and the limits of the theory of criminal procedural nullities. It is concluded that the Courts reproduce an understanding that is not based on the accusatory system established by the Constitution which served as a guideline for the modification of the legal rite of producing testimonial evidence, but, rather, without inquisitorial formalism still in force in criminal procedural legislation.