O QUE É PROVA TARIFADA?
Por esse sistema “cada prova tinha um valor preestabelecido em lei, inalterável e constante, de sorte que ao juiz não era livre a avaliação, agindo bitolado pela eficácia normativa”, segundo explica Adalberto Camargo Aranha. Ou seja, a cada prova era conferido um determinado peso e ao juiz, como consequência disso, não era dada a possibilidade de qualquer análise subjetiva, dando maior ou menor importância a uma ou outra prova.
Adotou o nosso Código, para a apreciação da prova, o sistema da livre convicção ou persuasão racional (também conhecido como sistema do livre convencimento motivado ou da verdade real), que é fruto de uma mescla entre o tarifado e o sistema da íntima convicção.
QUESTÃO ERRADA: O depoimento de policial em juízo é dotado de fé pública, exceção de prova tarifada dentro do sistema adotado no processo penal brasileiro da persuasão racional do juiz.
O depoimento de policial possui presunção de veracidade (relativa). É plenamente válido o depoimento prestado por policial na qualidade de testemunha, porquanto se cuida de agente do Estado e sua palavra tem fé pública e presunção relativa de veracidade, possuindo, portanto, aptidão para fundamentar a condenação.”
Imagine, por exemplo, o crime de embriaguez ao volante. A “palavra” do policial já é suficiente para fundamentar uma condenação.
No entanto, entendo que isso não é resquício do sistema da prova tarifada, o que torna a assertiva errada.
A questão quis dizer que, a palavra do policial tem um valor definido em lei, portanto, entende-se que a palavra do policial tem um valor “absoluto”, ou seja, ao analisar as provas apresentadas em um processo, o juiz deve levar mais em consideração tal prova, já que, há uma valoração definida no ordenamento jurídico.
No entanto, é importante salientar que, no Brasil, nós adotamos o livre convencimento motivado, o qual garante a oportunidade do juiz analisar todas as provas que serão apresentadas, para que, posteriormente, de forma motivada ele decida sobre tudo o que lhe foi apresentado.
Portanto, todas as provas, no ordenamento jurídico brasileiro, têm um valor relativo, cabendo ao juiz analisar o caso concreto e decidir o valor probatório de cada uma.
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