Is there truth in the brazilian criminal procedure code?

Abstract

This paper searches for the 'truth' in the Brazilian Criminal Procedural Code; moreover, it is seen as a guarantee of the accused. Furthermore, the criminal procedure code seeks the truth at the time of a fact's reconstruction. In addition, it characterizes a crime, and with it, there is a guarantee of a fair decision for the accused. Thus, this paper discusses the possibility or impossibility of an existing truth, which is this research's primary focus. Nevertheless, true knowledge is a correspondence between procedural language and events that happened. Using Alexander Light's theory, this paper presents the following hypothesis: it is not philosophically suitable to believe adequately that there is true propositional knowledge. By means of the deductive method, this paper's first chapter is dedicated to presenting the concept of 'criminal procedural truth', which is the Brazilian criminal procedure code's greatest pursuit. Sequentially, in the second chapter, this study deconstructs the idea that truth - as a mirror of reality - is the same truth of the criminal process. Therefore, if this theory is correct, one cannot admit the existence of true criminal procedure (formal or material) but only of a justified criminal procedural knowledge.