A convicção contextualizada e a verdade negociada no processo penal: desmistificando a confissão como elemento de convencimento pleno do julgador penal

摘要

This article intends to analyze the problem of the truth in criminal procedure, especially in the context of the elements of judicial convincing. From a bibliographic review, we intend to discuss the status of the search for the truth in criminal procedure, as a mean to demystify the high probative value that was always assigned to criminal confessions, especially based on the rejection of negotiability of factual premises. Furthermore, we will analyze in which way awarded incrimination pervert the functions of criminal procedure as it stands as an agreement of a standard of factual acceptability that ignores the search of the truth as an ethical fundament of the criminal persecution.