O DIREITO AO USO DA PROVA ESTATÍSTICA COMO FUNDAMENTO DE CONVENCIMENTO JUDICIAL

Abstract

This work presents the concept of statistical proof inserted in procedural dogmatics Brazilian. Aiming to reflect on this type of test as a tool inherent to the fundamental right to full defense and the exercise of adversarial proceedings. Initially, it is discussed the role of the Judiciary as an element of protection of fundamental rights and guarantees, as well as the process as an instrument to obtain the protection of these rights. It is evident that the cognitive act of deciding on the law is not a neutral or mechanical, with the understanding of how multiple issues affect decision making judicial process are essential when discussing how and what evidence can convince magistrates. The presentation of the legal nature of statistical evidence starts, firstly, point, for brief considerations regarding Statistical Science and Probability, for the from this, conceptualize it both from the exemplification of the uses of statistical proof in other countries, also worrying about responding to the main criticisms and questions, understanding that statistical evidence plays the important role of protecting and guaranteeing rights.