Uma análise sobre o sistema acusatório e a possibilidade de iniciativa probatória do juiz no processo penal brasileiro

Abstract

This paper aims to analize the accusatory system and the possibility of a judge evidenciary initiative foreseen in the Brazilian Code of Criminal Procedure, through this examination, intends to demonstrate the noncorformity of a evidentiary iniciative by the judge and a accusatory based persecution. Thus, at first is going to be approached the principles residents in the accusatory system and in the inquisitorial system, seeking to highlight the main concepts present in each template and still complying with weightings about the possibility of a mixed system, meaning a procedural system that has accusatory and inquisitorial caracteristics. In addition, it will be analyzed the role of the judge in criminal proceedings through an approach that outlines the main principles and the legal restrains that guides the activity. Lastly, it will be analized the judge evidencial iniciative under the perspective of the jurisdictional power limitations, concluding with a few weightings about the the conformity of the criminal procedure system currently in force in Brazil with the constitutionally foreseen template.