LIBERTAS DIREITO

The POLICEMAN'S WORD

Jones Lúcio de Freitas Luiz — Mon, 10 Mar 2025 00:00:00 -0300

This study critically examines the evidentiary value attributed to police
testimony in Brazilian criminal proceedings, focusing on the influence of such testimony
in constructing legal truth. The police’s word, often used as the primary or sole evidence,
raises questions about the impartiality and presumption of truthfulness granted to these
statements. In this regard, the research aims to determine to what extent police
testimony alone suffices to substantiate convictions, addressing the issue of partiality
and the risks of decisions being based on a single state narrative. A qualitative and
exploratory methodology was adopted, supported by doctrinal review, jurisprudential
analysis, and practical case studies to understand the nuances and challenges
surrounding the use of police testimony as evidence in Brazilian criminal law. It was
found that although police testimony holds value within the evidentiary context, it
should be corroborated by other evidence to ensure fair judgments and avoid
convictions based solely on state agents' statements. The study proposes a careful
analysis of this type of evidence, emphasizing the need for a criminal justice system
rooted in principles of impartiality, the adversarial process, and ample defense,
alongside a critical approach to the evidentiary weight of police testimony. Additionally,
it is suggested that practices such as the use of body cameras may serve as a mechanism
for added control and validation, strengthening the construction of a more balanced
legal truth.

A GARANTIA AO PRINCÍPIO DA PRESUNÇÃO DE INOCÊNCIA FACE À ANTECIPAÇÃO NO CUMPRIMENTO DA PENA

Gabriela Costa Pimenta , Maria Aline Silva Figueiredo — Fri, 13 Dec 2024 00:00:00 -0300

The present article aims to analyze the guarantee of the constitutional principle of presumption of innocence in the face of potential early enforcement of a sentence following confirmation of a conviction at the second instance. As part of the methodology, doctrinal and jurisprudential works on the proposed subject were analyzed. Throughout the study, the origin of the presumption of innocence principle was examined, observing how it protects the accused in criminal proceedings, aiming to understand the procedural safeguards it establishes. Additionally, an analysis of the legal evolution of second-instance imprisonment in Brazil was conducted, along with an examination of the harms caused to the accused by this measure. In this context, to conclude the study, it was analyzed whether the early enforcement of the sentence after a second-instance conviction violated the constitutional principle of presumption of innocence. It was concluded that anticipating the sentence while appeals were still pending seriously violated this principle. Thus, it was concluded that it would not be possible to guarantee the constitutional principle of presumption of innocence in the event of early sentence enforcement.

A INFLUÊNCIA DOS PARTIDOS NA JUDICIALIZAÇÃO DA POLÍTICA

João Reis Ferreira — Fri, 13 Dec 2024 00:00:00 -0300

The objective of this article is to analyze the role of political parties in the
judicialization of Brazilian politics, highlighting the use of constitutional review as a strategy to
influence political decisions. The research contextualizes the growing polarization in the
country, which has led parties, especially those with smaller representation in Congress, to turn to the Supreme Federal Court (STF) to challenge legislative decisions and advance their agendas. Judicialization is used as a mechanism for survival and projection, enabling these parties to expand their relevance on the political stage.By discussing the autonomy of
political parties as guaranteed by the 1988 Constitution, the study demonstrates how party freedom encourages a plurality of voices while also facilitating the formation of parties that use the judiciary to oppose the legislature. A comparison with the constitutional review system in the United States reveals that the Brazilian model, being more analytical and comprehensive, provides greater scope for judicial intervention in political matters.The study concludes that the frequent use of constitutional review by political parties contributes to the politicization of the judiciary, compelling the STF to address issues that should be resolved by the legislature, thereby undermining the balance among the three branches of government. The methodology adopted is qualitative, based on bibliographic and documentary research.