{"title":"刑事诉讼中的真相:(im)可能性?","authors":"Leilane Serratine Grubba","doi":"10.5433/1980-511X.2017V12N1P266","DOIUrl":null,"url":null,"abstract":"This paper searches for the ‘truth’ in the Brazilian Criminal Procedural Code; moreover, it is seen as a guarantee of the accused. Furthermore, the criminal procedure code seeks the truth at the time of a fact´s reconstruction. In addition, it characterizes a crime, and with it, there is a guarantee of a fair decision for the accused. Thus, this paper discusses the possibility or impossibility of an existing truth, which is this research´s primary focus. Nevertheless, true knowledge is a correspondence between procedural language and events that happened. Using Alexander Light’s theory, this paper presents the following hypothesis: it is not philosophically suitable to believe adequately that there is true propositional knowledge. By means of the deductive method, this paper´s first chapter is dedicated to presenting the concept of ‘criminal procedural truth’, which is the Brazilian criminal procedure code´s greatest pursuit. Sequentially, in the second chapter, this study deconstructs the idea that truth – as a mirror of reality – is the same truth of the criminal process. Therefore, if this theory is correct, one cannot admit the existence of true criminal procedure (formal or material) but only of a justified criminal procedural knowledge.","PeriodicalId":120475,"journal":{"name":"Revista do Direito Público","volume":"37 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2017-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"A verdade no processo penal: (im)possibilidades?\",\"authors\":\"Leilane Serratine Grubba\",\"doi\":\"10.5433/1980-511X.2017V12N1P266\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"This paper searches for the ‘truth’ in the Brazilian Criminal Procedural Code; moreover, it is seen as a guarantee of the accused. Furthermore, the criminal procedure code seeks the truth at the time of a fact´s reconstruction. In addition, it characterizes a crime, and with it, there is a guarantee of a fair decision for the accused. Thus, this paper discusses the possibility or impossibility of an existing truth, which is this research´s primary focus. Nevertheless, true knowledge is a correspondence between procedural language and events that happened. Using Alexander Light’s theory, this paper presents the following hypothesis: it is not philosophically suitable to believe adequately that there is true propositional knowledge. By means of the deductive method, this paper´s first chapter is dedicated to presenting the concept of ‘criminal procedural truth’, which is the Brazilian criminal procedure code´s greatest pursuit. Sequentially, in the second chapter, this study deconstructs the idea that truth – as a mirror of reality – is the same truth of the criminal process. Therefore, if this theory is correct, one cannot admit the existence of true criminal procedure (formal or material) but only of a justified criminal procedural knowledge.\",\"PeriodicalId\":120475,\"journal\":{\"name\":\"Revista do Direito Público\",\"volume\":\"37 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2017-05-16\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista do Direito Público\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.5433/1980-511X.2017V12N1P266\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista do Direito Público","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.5433/1980-511X.2017V12N1P266","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
This paper searches for the ‘truth’ in the Brazilian Criminal Procedural Code; moreover, it is seen as a guarantee of the accused. Furthermore, the criminal procedure code seeks the truth at the time of a fact´s reconstruction. In addition, it characterizes a crime, and with it, there is a guarantee of a fair decision for the accused. Thus, this paper discusses the possibility or impossibility of an existing truth, which is this research´s primary focus. Nevertheless, true knowledge is a correspondence between procedural language and events that happened. Using Alexander Light’s theory, this paper presents the following hypothesis: it is not philosophically suitable to believe adequately that there is true propositional knowledge. By means of the deductive method, this paper´s first chapter is dedicated to presenting the concept of ‘criminal procedural truth’, which is the Brazilian criminal procedure code´s greatest pursuit. Sequentially, in the second chapter, this study deconstructs the idea that truth – as a mirror of reality – is the same truth of the criminal process. Therefore, if this theory is correct, one cannot admit the existence of true criminal procedure (formal or material) but only of a justified criminal procedural knowledge.