Videoconferência no processo penal: interrogatório on-line, lei nº 11.900, de 9 de janeiro de 2009

Abstract

The law n° 11.900, of 9 january 2009, gave a new text wording to the second paragraph of art. 185 of the Code of Criminal Procedure, explicitly establishing in Brazil a interrogation system the possibility of completing the interrogation of the defendant arrested for videoconferencing system or other technological resource for transmitting sounds and images in real time, provided that this measure is needed to achieve some the purpose specified in one the items mentioned device. This research aims at examining the constitutionality of that law, especially if it offends a fundamental guarantee of the defendant, as long as it intends to verify the conditions for their employment, the chances of its admissibility, the effects of its misuse and the possible benefits of their adoption. The methodology consists of a deep doctrinaire and jurisprudential analysis, also conducting research on the internet. It will be shown thal videoconferencing system doesnot damage any constitutional right of the defendant, even when the desires of society, should, however, be used only exceptionally and not as rule.