O interrogatório por videoconferência no processo penal brasileiro: entre o direito de presença e a lógica da eficiência

Abstract

The present study aims to analyze the usability of the interrogation by video in the Brazilian procedural system. Incumbent assert that the State, in the exercise of their functions, must act to promote and safeguard the principles of adversarial, legal defense, advertising, among others. In this vein, it becomes forcible assert the legal viability of online questioning, examining whether the use of such technological apparatus violates garantista framework that should involve punitive state prosecution. Search also evaluate the prominence that has gained the spectacularized fear by the media, promptness and cost reduction of the state, focusing on the influence of a false efficientism for the enactment of laws such as that instituted the teleinterrogatório. Investigating, moreover, what the role of questioning by videoconference for the evolution of insensitivity and dehumanization in the act of judging, is posing up there, in fact, the denaturation of the humanitarian character of the legal ritual with this distance between the subjects involved. From this exposure, the idea is to reaffirm the necessity of the right to physical presence of the defendant when the judicial interrogation, primarily as a means of ensuring respect for fundamental guarantees inherent in the democratic state and the ultimate achievement of the act.