A DEBATE AROUND THE RELATIONS BETWEEN THE SYSTEMS OF CRIMINAL PROSECUTION AND THE PRODUCTION OF EVIDENCE IN THE MIDDLE AGES FROM THE PERSPECTIVE OF LEGAL DOCTRINE
Abstract
This article addresses the issue of the production of evidence in criminal prosecution systems in search of truth in the Middle Ages. The search for the truth has always been complex and aims to settle legal conflicts. The mystical means of solving criminal causes during much of the Middle Ages took place through ordeals. With the Magna Charta Libertatum, the modern criminal procedure is born with the clause of due legal process, which seeks to limit the State's discretion and the rationale for the solution of conflicts based on evidence; In addition, a study is made about the inquisitive, contradictory and adversarial systems in the production of evidence. It seeks to present, in a didactic and clear way, how the production in the civil law and common law criminal prosecution systems takes place in the search for the truth. The research methodology used in the study is the bibliographical that focuses on the researched topic. From this perspective, it is demonstrated that the search for the truth in criminal prosecution is gradually moving away from medieval mysticism and approaching rationality in the production of evidence, with criminal prosecution systems to legitimize criminal justice by establishing the truth.
Keywords: Criminal persecution. System. Test. Truth. Due criminal process.
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