Il giudice, le parti e la prova nel sistema di giudizio penale italiano: contributo alla riforma in Brasile

Abstract

With the judgment of ADIs nº. 6,298, 6,299, 6,300 and 6,305, by the STF’s Plenary, a clear resistance was expressed to a criminal process marked by accusatory characteristics in Brazil. Given the historical-legislative affinity of the Brazilian criminal process with Italy and the fact that the reform to the Italian accusatory model presented issues similar to those raised in the aforementioned judgment, gains relevance understanding how the judge, the parties and the evidence articulate themselves on the current Italian model. To this end, through the analysis of the Italian positive law faced with doctrinal perspectives on the pertinent topics, the relationships between the organization of the proof initiative and dispositive principle, “double acts”, free conviction of the judge, impartiality of the judge, procedural contradiction and agreements on the content of the procedural records are described.