Análise crítica da testemunha de "ouvir dizer" como fundamento da decisão de pronúncia no tribunal do júri

Abstract

This paper analyse the probative value of hearsay evidence as the basis for indictment decision. We begin with a brief history and the study of Constitucional rules of Jury Court, as well as the rules required by the criminal procedure code to reach the evidence that a crime has been committed and sufficient indications that the person under investigation committed the crime in which the indictimet decision has to be based upon. We also analyse the types of evidence, the criminal procedure principles regarding evidence, who bears the burden of proof and evidence valuation systems. The study of testimonial evidence culminates in the analyse of hearsay testimony and evidence by indications. At the end, we study the issue of whether the principle of in dubio pro societate can influence an indictment decision and the superior courts decisions about hearsay evidence as the basis of indictment decision. The studied was based upon legal texts, judicial decisions and legislation. The conclusion reached from our analysis is that the probative value of hearsay evidence is insufficient to meet the standard of proof required for an indictment decision. Indicment decisions play an important role in Jury Court proceedings and should require evidence more robust than hearsay evidence.