A utilização da prova indiciária no sistema probatório penal

: admissibilidade e valoração

Abstract

This dissertation aims to analyze the use of indiciary evidence in the Portuguese criminal evidentiary system, focusing on its admissibility in the light of the article 125 of the Code of Criminal Procedure and the way in which it is valued by the various instances under the article 127 of the Code of Criminal Procedure. We intend to investigate and explore the view of doctrine and jurisprudence in the face of indirect evidence in front of current and innovative criminal practices, whether it is admitted in Criminal Procedure in order to substantiate the judge's conviction, especially in the context of a condemnatory sentence and how it has been – or should be – valued by those who use it, always having as an overview the basic constitutional principles. We will begin with a brief contextualization of evidence in Criminal Procedure to highlight its purposes and guiding principles, and then explore the particularities of indiciary evidence. Finally, we will highlight three judicial decisions that have proven to be worthy of practical and critical analysis. At the end of this research, the answers to the questions that presided over this study are positioned in the affirmative, based on Portuguese doctrine and jurisprudence.

Date of Award	22 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Sandra Tavares (Supervisor)