A CONSTITUCIONALIDADE DAS PROVAS DA LEI Nº 12.760/12 (NOVA LEI SECA): o aparente conflito entre garantias e direitos fundamentais

Abstract

This paper has as its object of study the constitutionality of the new evidence provided by Law n. 12.760 of December 20, 2012, known as the "New Prohibition", against the fundamental rights and guarantees and principles determined by Brazilian Federal Constitution of 1988. As the central research problem, presented the following question: new means of evidence established by Law n. 12.760/12 violates fundamental constitutional guarantees of the prohibition on self-incrimination and the presumption of innocence? The overall objective was to consider new means of evidence provided by Law n. 12.760/12 from the perspective of constitutional guarantees to seal self-incrimination and the presumption of innocence. The specific objectives are to discuss the importance of legislation to combat drunk driving; introduce new means of evidence provided by Law n. 12.760/12 and discuss the apparent conflict between the new evidence and the constitutional guarantees. Using the deductive method an exploratory qualitative research has been developed, whose methodological aspect is theoretical and documentary literature procedure, towards a process of syllogism, reach a conclusion logically arising out of the premises as a way to analyze the results. This research is justified by the relevance of topic both in the constitutional order as criminal. in the final considerations     the constitutionality of the new means of evidence provided by Law nº.12.760/12 when considering the prevalence of the fundamental right to life under the constitutional guarantees of the seal to self-incrimination and the presumption of innocence when it identifies the conflict between these individual fundamental rights.