The necessary adoption of a probative standard in criminal proceedings

Abstract

Considering the large number of conflicting decisions in Brazil, especially given the absence of objective criteria to assess the sufficiency of evidence, the objective is, at first, to conceptualize the evidence and the problem around the search for the real truth in criminal proceedings. Then, the applicability of the standard is demonstrated, using easy-to-understand analogies. Afterwards, a brief analysis of the evidentiary standards that exist mainly in countries that adopt the common law system is carried out. Deductive methodology was applied, using the bibliographic review technique. It is concluded that there is a need to change the current legislation, in order to include specific parameters for valuing the evidence by the magistrate. This work was carried out with the support of the University Scholarship Program of the State of Santa Catarina – UNIEDU/FUMDES.