O Juiz como gestor da prova no atual código de processo penal e a busca por um efetivo sistema acusatório

Abstract

This scientific article, whose methodology was a bibliographic search and research line to the construction of legal knowledge, aims to analyzepenal procedure types - accusatorial, inquisitorial and mixed -, seeking identify the desired procedural type by our current Federal Constitution of 1988, and like what ef ectively occurs in our process, more precisely by examining the art. 156 of the Code of Penal Procedure, that according with the doctrine more buoyed, would deploy in our judiciary one inquisitorial system, far from ideal pursued by the Constitution, once the judge could produce evidence of craft, being a true manager of proof, which macularia their impartiality, considering that same figure collect the proofs also judge the case. In the face of such a stir, the present work also addresses the solution that the legislator tries to bring to this problem, which is the project of the new Code of Penal Procedure (N o . 156/09 of the Senate), which establishes the figure of the guarantees judge, which is participating in the collect of proofs, ef ectively dif erentiating him who will judge the case, impartially, as it no part in the collect of proofs.