The instructory judge initiative in brazilian criminal procedure

Abstract

The art. 156 of the Criminal Procedure Code, as amended by Law No. 11.690 / 08 expanded the instructive powers of the judge, to provide you with the production of evidence ex officio, to the elucidation of the facts, even at the investigation stage. This paper aims to investigate the production of evidence by the judge and analyze whether their initiative does not contradict the adversarial system and impartiality in the trial. Considering the constitutional process model to be used when interpreting the Criminal Procedure Code, it analyzes the role of the judge and the powers of the race management, to enable an analysis of the magistrate of bias risk when issuing a decision.