Author(s) Susana Matias Moreira Dias
Advisor(s) Mário João Ferreira Monte
Year 2016

Synopsis This scientific investigation (reveals the) study of the proof, which is directly related to science and technology in fighting crime, within the determination of the material proof of the criminally relevant facts, through the use of the technically appropriate means and procedures in the evidential production, that is, admissible and not prohibited by law evidence. The facts claimed in judgment, in demonstration of the truth, cover extrinsic mechanisms of proof (allowed by law), but also intrinsic mechanisms, essential in reasoning, such as the legal presumptions. In our legal system, the proof assumes a role of great complexity, with the consecration of the free assessment of the proof principle, in which the only conditioning is the substantiation of the decision, in contraposition to the defenders of the legal proof system, which fixates the probative value of each mean of proof. But happens that the complexity of the task of valorizing the proof difficults the achievement of the truth, which can not be reached at any cost. There must always be a cared weighting in respect for the fundamental rights. Nowadays, with the evolution of the criminal investigation techniques, namely the “DNA” analysis, it allows a better chance of achieving the truth, with the identification of the person who committed a crime, with respect for the proportionality principle (in strict, proper and necessary sense). If this principle is not respected, there can be a collision of the defense guarantees and fundamental rights of the person submitted to this type of proof.

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