Análise crítica da produção da prova no processo judicial eleitoral

Abstract

This dissertation aimed to analyze the production of evidence within the scope of the Brazilian electoral process, questioning whether in fact there are fundamental rights and guarantees of candidates to be respected by members of the electoral process and what are the foundations of those in the Democratic State of Law. The hypothesis was based on the consideration that there is protection by the legal system of the electoral process as a whole, given that the Democratic State of Law itself provides for the rights of voters and candidates to guarantee the permanence of democracy and freedom of choice for candidates. Among the specific objectives, the following directions were unraveled throughout the chapters: identification of the relationship between Electoral Law and democracy; analysis of the importance and origin of the Electoral Justice and its role in the Democratic State of Law for the maintenance of the scrutiny and electoral judicial process; identification of connections between the civil procedure, criminal procedure and the electoral process regarding procedural guarantees and norms; analysis of the evidence production procedure in the electoral judicial process and its specific characteristics. Finally, judgments were analyzed in order to understand how the judge interpreter has manifested himself on the matter in specific matters, such as testimonial evidence, environmental recording, loan of evidence, personal testimony of the investigated and the pre-constituted production of evidence. Regarding the methodology, the qualitative method was used with the aid of participant observation, in addition to the inductive method, and the research was carried out with bibliographic instruments, scientific articles, legislation and court decisions.