A VALORAÇÃO DO DEPOIMENTO POLICIAL COMO MEIO PROBATÓRIO NOS CRIMES DA LEI DE DROGAS

Abstract

This study aims to analyze the use of police testimony as a means of evidence in criminal actions related to crimes provided for in Law No. 11.343/2006, known as the Drug Law. In this sense, based on a bibliographical and jurisprudential research, it is intended to promote a critique of the valuation of evidence, especially testimonial, by Brazilian judges and courts, especially as regards the violation of constitutional guarantees caused by the granting of the presumption of veracity for these reports. Through the analysis of the main arguments contained in the court decisions, the following criticisms are pointed out: lack of neutrality of the police agents, who, because they are engaged in the prosecution of the crime, have a natural interest in legitimizing their action through the conviction of the accused; the inherent weakness of the testimonial evidence stands out, which needs to be anchored in other evidential elements so that its narrative can be confirmed; as well as the historical evolution of the fight against drugs in Brazil, which, over the years, elevated the trafficker to the status of an enemy of Criminal Law. Thus, it is demonstrated that the high credibility offered to these testimonies goes against basic principles of the criminal procedure, such as the free reasoned conviction of the judge and the presumption of innocence of the accused.