A psicografia como meio de prova no processo penal

Abstract

This monograph evaluates the possibilities of using the psychography as means of proof within the Criminal Procedure. After general considerations on the theory of proof, based upon a discussion of the concept of proof, it presents a short historical survey about the right to proof in Brazil, focused on the importance of this right, as well as on the elements that compound it. The work analyses yet the classification of proof, specially the documentary one. Then, notable human mind researchers’ works, like William James’, Frederic Myers’ and Carl Jung’s, are discussed. Psychography is classified in the definitions of proof and means of proof, meanwhile the accurateness of right to psychographic proof and its admissibility before the legal system are demonstrated. It’s discussed, yet, the necessity of psychographic proof to be submitted to questioned document examination, once it is retained as documentary evidence. At last, either recent or remarkable cases in which psychography was admitted as means of proof are released.