EXPERT EVALUATION: AUXILLIARY ELEMENT IN THE FOUNDATION OF SPECIAL JUSTICE DECISIONS
Eliane Helena Alvim de Souza (1)
Maria do Socorro Orestes Cardoso (1)
Ivana Maria Girão (2)
Elaine Helena Alvim de Souza (2)
João Carlos Haeffner (2)
In the Brazilian legal process the prove can be expressed in an expert testimony manifested by forensic report. In Judiciary organization there is the Special Justice subdivided in three metiers of which the National Military Justice – JMU forms one metier. The process in this special area obeys the Military Criminal Procedure Code – CPPM which contains in one chapter about prove acts. The present study aims to diminish the inexistence of a referential regarding the expert testimony in the legal process in the one Special Justice metier, the JMU. The study is presented as a descriptive, transversal and documentary. Following the bioethical regulations a sample of 136 legal process were established that should contain expert testimony. In results the defendants 85% were male and 59.8% were soldiers. The Army was present 68.4% and the number of a one defendant involved in each legal process occurred in 57.3%. The expert testimony was cited and mentioned in the judge decision sentenced in 75%. In the Brazilian Special Justice the expert testimony exposes relevance as a technical and scientific part mentioned in the sentencing.
Key-words: expert testimony, judicial decisions, justice administration system, legal process.
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