Zanella, Everton Luiz2025-01-142025-01-142024MORAES, William Matheus Fogaça de. Sistema processual acusatório: a extensão da atividade probatória do magistrado. 2024. 137 f. Dissertação (Mestrado em Função Social do Direito) – Faculdade Autônoma de Direito, São Paulo, 2024http://repositorio.unialfa.com.br/handle/123456789/554This dissertation proposes an examination of the characteristics of the accusatory procedural system and discusses the content of its essential elements, with a focus on the extent of the judge's evidentiary powers. The study aims to analyze the procedural system adopted in our legal framework from a perspective that highlights the management of evidence and the right to evidence in the Code. The historical development of accusatory and inquisitorial procedural systems is examined, and the distinction between historical and conceptual characteristics is discussed in order to clarify the difference between historical and ideal systems. The content of the accusatory principle and its role in an accusatory system are addressed, followed by an investigation of the basic and ancillary characteristics present in the main criminal procedural systems. Given the values at stake, due the risk of restricting freedom and that the guarantees and rights of the accused are enshrined in the constitution and that constitutional norms play a decisive role in the interpretation and application of infraconstitutional provisions, the intrinsic and important relationship between constitutional law and criminal procedure is adressed and it is contextualized the development of modern constitutionalism and some institutes arising from it, such as judicial review, interpretation in accordance with and supremacy of the constitution, are examined. After that it is analyzed how theses institutes might contribute to ensuring the optimal effectiveness of constitutional norms and reconciling infraconstitutional legislation with the basic characteristics of the accusatory system and the set of values embedded in our constitutional text. After this constitutional approach, various doctrinal positions regarding the procedural system adopted in our legal framework are presented, and then the investigation focuses on the presence of structuring and ancillary provisions of an accusatory system in the Constitution that promote the achievement of the multiple purposes of an accusatory criminal proceeding. It analyzes how the principle of impartiality and the purposes pursued by the criminal process relate to procedural systems and the management of evidence. The discussion includes the limits to the judge's evidentiary activity compatible with accusatory systems. Based on bibliographic research, it is investigated the existence of essential elements of a conceptual accusatory procedural system that enjoy some consensus. Next, it is contextualized the historical and political moment when the Code of Criminal Procedure was published to understand the choices made by the legislator when dealing with the right to evidence and it is examined the provisions that regulate evidentiary activity in the Code, including the innovations introduced by Law n. 13.954/2019 and the STF's decision in direct actions of unconstitutionality that challenged the provisions inserted by the aforementioned law.ptSistemas processuais penaisPrincípio acusatórioPrincípio da imparcialidadeSistema acusatório