The magistrate's production of evidence against the accusatory system

Abstract

This article aims to demonstrate the controversies and controversies in the production of evidence by a judicial authority, in which it is responsible for judging the process. Also, show the entire structure of criminal procedural systems already applied in the Brazilian legal system and how it influences today. In addition, the figure of the judge of law will be analyzed under article 156, I of the Brazilian Criminal Procedure Code. It will be observed how relevant it is to talk about the problem of a person accusing the process, who refers to the protector of legality and guarantor of constitutional principles, being in a function of procedural actor. Therefore, the purpose of this paper is to discuss the compatibility and fragility of any criminal prosecution in the face of remnants of the inquisitorial system.