Análise da produção de provas ex officio segundo o art. 156, inciso I do Código de Processo Penal à luz do princípio da imparcialidade do juiz

Abstract

This monograph had scope in addressing the issue of the constitutionality of art. 156, item I, of the Code of Criminal Procedure. The article in question establishes that the judge may ex officio produce early evidence, even before the criminal action has been initiated, and because of this has generated much discussion before the doctrine. In this context, the work aims to analyze the possible unconstitutionality of the article in question, using an exploratory methodology, regarding the type of research and its objectives, through a review of legal norms, jurisprudence, doctrines and General Principles of Law. In this way, we will first deal with criminal procedural systems and their relations with art. 156, item I, of the Code of Criminal Procedure. An analysis will then be carried out in the light of the principles of criminal procedure and doctrine. Subsequently, jurisprudence will be verified concerning the production of ex officio evidence and its possible violation of the principle of impartiality. Finally, there will be an investigation into possible solutions to the discussion on the constitutionality of art. 156, item I, of the Code of Criminal Procedure.