Provas do “além túmulo”: uma análise da carta psicografada como força probatória no Tribunal do Júri sob uma perspectiva jurídica e social

Abstract

The principles of full defense and adversarial proceedings, fundamental pillars of the 1988 Constitution, ensure guarantees for both the accuser and the accused, reflecting the historical transition of Criminal Procedure from an inquisitorial model to a system that prioritizes equity and limits state arbitrariness. In the Jury Court, which addresses intentional crimes against life, the sovereignty of verdicts and the principle of full defense stand out, allowing the inclusion of non-legal arguments such as psychographed letters. However, the lack of scientific validation for these letters sparks intense debate, as they have played decisive roles in emblematic cases. This study adopts a hypothetical-deductive approach, grounded in extensive bibliographic review and exploratory research, including public questionnaires, to critically analyze the use of such letters as evidence. The aim is to investigate the limits of the full defense principle in the Jury Court, correlating doctrine, jurisprudence, and societal perspectives on the matter.