A VERDADE DOS AUTOS VERSUS A VERDADE REAL NA JUSTIÇA CRIMINAL.

Abstract

This paper presents the differences between the truth of the facts and truth that remains in the written records of the criminal process after the production of evidence indicating that one is not identical to another. The fact that writing is an end refiguring contaminated by numerous interpretations of actors, a reductionist historiographic discourse that denies the acts outside the standards and ignores the complexity of a criminal act. It also studies the juridical reason, based on the topical-rhetorical and prudential judgments, showing its fragility, justifying numerous judicial errors. With a focus on disciplinary Discourse Analysis, also uses concepts and theories of Historiography, Psychology, Linguistics and Publicity to treat under new angle, already much discussed topic of the strictly legal point of view. With this diverse perspective, demonstrates the countless acting interfering in the formation of versions ranging registered in the records, emphasis how can (the interfering) distance them (the records) of the real truth. Engages primarily of justice derived from the truth that it capable of producing in the process and will be, as proof, always more or less different from the facts as exactly occurred. Proved this part, we analyze the degree of acceptance of this model by jurisdictional.