O discurso do policial como recurso de comprobabilidade no contexto da Lei 11.343/2006

Abstract

The present work discusses the police discourse as a probability resource in crimes related to the practice of illicit drug trafficking in the Brazilian criminal process. To this end, using the hypothetical-deductive method of approach with bibliographic, documentary and applied research, when analyzing the testimonial evidence with the objective of understanding the police testimony as a means of evidence, questions regarding the methodology established by the legal system will be addressed, especially the trust attributed by the democratic state of law to public agents in the practice of their acts, in order to understand its reflection as an artifice of evidence in the criminal process. That said, we seek to answer how the legality of these facts is presumed, within the exact constitutional and legal limitations. Finally, it is concluded that the conviction should not be based exclusively on police statements, since the sentence must be based on the evidence set, under penalty of civil, administrative and criminal liability.