A INTERVENIÊNCIA DO JUIZ NA REQUISIÇÃO DA PRODUÇÃO DE PROVAS PELO PARQUET À LUZ DO SISTEMA PROCESSUAL PENAL ACUSATÓRIO

Abstract

The Brazil Constitution of 1988 adoteped the accusatori system as it criminal procedure, assigning to different people accusing, defending and judging. Therefore, legal possibility of the judge summon the public prosecutor’s office to indicate witnesses to be heard when he verifies that the accuser did not include the list of witnesses in the complaint, identification of the criminal procedure system adopted in Brazil before and after the new anti-crime law package, debate about judge investigate limits and examination of possibility of amend the complaint, inclusive case law associated, are this research goals. About study methods, Deductive Method and Bibliographical Research were used. As a result, it was verified that it is unconstitutional the legal possibility of the judge summoning the Public Prosecutor's Office to list witnesses after the complaint has been filed, whether before or after it has been received, since such action by the magistrate violates the accusatorial system adopted in Brazil, as well as the principles that derive from it, such as the judge's impartiality, due process of law and equality of arms. As a result obtained, of the study it is suggested that it be used as an instrument to unifying jurisprudence, considering that the subject studied is in divergence in the Superior Court of Justice.