Atuação de ofício do juiz na fase pré-processual nos termos do artigo 156, inciso I do Código de Processo Penal

Abstract

This monograph deals with the compatibility of evidence ex officio by the court under Article 156, paragraph I of the Code of Criminal Procedure with the system accusatory adopted by the 1988 Federal Constitution. For this, we did a historical study of procedural systems, the evidence in the preprocedural and doctrinal positions favorable to device compatibility with the adversarial system and the doctrinal positions unfavorable applying this procedural rule by countering the principles that form the adversarial system outlined by the Constitution.