A possibilidade do acolhimento de cartas psicografadas como prova de defesa do processo criminal

Abstract

This article has as main objective the discussion of the possibility of receiving psychographic writings as evidence, especially for defense, in the Criminal Procedure. Faced with the concepts of “evidence” extracted both from the Code of Civil Procedure, both from the Code of Criminal Procedure, we understand that psychographic writings are not framed in the list of illegal evidence, nor illegal, nor illegitimate, reason why they can not suffer constitutional impediment . The object of defense of the study will not be the normalization of the psychographic writings as a means of proof, but the guarantee that this possibility is not removed only by reason of its nature. It will also be approached the verification of the credibility of its content through the observation of objective criteria, such as the graphical examination, carried out by specialized official experts. The method used to demonstrate what is intended will be the invocation of existing legislation, cumulated with the respective reference bibliographies, to understand the specific issues that will be addressed.