A trial on a case in the scope of the discovery within status offenses: Analysis of a procedural system under the law 8.069/90 under the laws of the constitutional principles therein the law 11.719/08

Abstract

This article aims to analyze the procedural illegitimacy of the method provided in the Brazilian Children and Adolescents Statute about collecting testimony evidences in the infraction investigation legal process. Through a deductive system, the aim is to highlight the possibility of presenting the teenager and hearing the witnesses in unique hearing, as currently applied in the criminal sphere. For this purpose, initially, it was explained, under the principle of procedural economy, the relevance of an agile legal procedure. Also questioned if the system provided by Law number 8.069/90, whichsp lits the instruction acts, avoids the excessive length of the probationary instruction and accomplish, in the most expeditious manner, the procedural deadlines provided by that same law. In a second moment, it was analyzed the principle of orality and the principle of concentration of teenager infraction legal processing, as well as its consequences. That assessment is connected directly to the principle of presumption of innocence in the face of frequent assumption of guilt by the teenager in the legal process. At the end, we concluded the illegitimacy of the audience splittingto take oral proof in the teenager infraction legal process, revealing the needing of a unique audience.