Proof beyond a reasonable doubt : um standard de prova para a condenação no processo penal brasileiro

Abstract

The study analyze the adequacy and necessity of using standards of proof for the epistemological control of factual statements within the scope of the Brazilian criminal procedure, aiming to mitigate judicial errors in the examination of the evidence collected. In Brazil, the principle of motivation is enshrined in the Constitution, as a result of the Democratic State of Law, determining that public agents, when deciding, present the reasons that supported the position adopted. There is also the constitutional provision for the principles of presumption of innocence and in dubio pro reo, adopted as a rule of judgment. However, whether in the Constitution or in the criminal procedural legislation, there is no establishment of decision-making criteria that objectify the degree of evidentiary support that is requires a factual proposition so that the judge can consider it proven for a criminal conviction. In this context, in line with the several democratic countries that have adopted proof beyond a reasonable doubt, the formal adoption of the Anglo-Saxon standard of proof in Brazil is advocated.