A expansibilidade da nova técnica na instrução criminal: o interrogatório por "videoconferência"

Abstract

It has been performed a survey of systematic circumstances about such attitude mainly in relation to examination. The consequences of Federal Legislation absence towards this subject were studied as well as the interference of the state, say supplementary, in reference to procedural question. The relevant international agreements in the same way as the constitutional principles of the due process of law , ample defence and publicity , without putting aside the procedural principle of the immediation have been focused and concluded for the effective possibility of using the Web Cam Conference system as far as the Criminal Procedure Code be promptly adopted. Thus, this solution should be used under the condition of implementing the principles of physical identity of the Judge in criminal matter as a guaranteed position for the effective zeal to the one who is under jurisdiction s fundamental rights. It should be remarked that, formally there is a total ontological independence in the immediation principles and physical identity. Yet, despite such independence the partial restriction to the former ones, as a result of update impositions, it was believed to make up for the other one s adoption. Eventually, a hybrid position was selected so that the advantages overcame the pertinent restrictions. Not only Ample defence , Publicity , Due process of law ( this one for the adjusted purposes after the Criminal Procedure Code modification) but also the international agreements, all of them can and must be respected without even trying an occasional disagreement with the untouched principles in connection with the human dignity respect by adopting the proposed technology