Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 232 CPP – Definition of documents.

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Art. 232. Documents are considered to be any writings, instruments or papers, public or private.
Single paragraph. The photograph of the document, duly authenticated, will be given the same value as the original.

Scope of the term document

Documents attached to the electronic process:  The petitions and documents produced and attached to the electronic process by the parties, police authorities, Justice assistants are considered original. If there is an allegation of falsehood, it will be processed electronically in accordance with the procedural law. This is the reason why the originals, which were digitalized to be included in the electronic process, must be preserved until the date on which the punishability is extinguished ( article 11, paragraphs 1, 2 and 3 of Law n. 11.419/2006 ).

Incident of falsehood:  Follow the rite established in  articles 145 et seq .

Photograph of the document:  It is the copy of the document. If authenticated, it is worth as much as the original document.

Unauthenticated copy:  The unauthenticated copy (or photograph) has the same probative value as the original document, if not contested by the opposing party.

Microfilmed documents:  They have the same value as the originals, as stated in Law n. 5,433/68, in its article 1, paragraph 1: “It is authorized, throughout the national territory, the microfilming of archived private and official documents, these of federal, state and municipal bodies. § 1 The microfilms dealt with in this Law, as well as the certificates, transfers and photographic copies obtained directly from the films will produce the same legal effects as the original documents in or out of court”.

Jurisprudence

The criminal record sheet is a skillful and sufficient document to prove the bad record and recidivism, not being necessary to present a notary certificate. Source: Jurisprudence in theses (STJ).

Judgments:

HC 369322/SP, Rel. Minister Ribeiro Dantas, Fifth Panel, judged on 02/20/2018, DJE 02/26/2018

HC 426265/SP, Rel. Justice Joel Ilan Paciornik, Fifth Panel, judged on 02/06/2018, DJE 02/20/2018

HC 411246/PE, Rel. Minister Reynaldo Soares da Fonseca, Fifth Panel, judged on 10/19/2017, DJE 10/24/2017

HC 354750/SP, Rel. Minister Jorge Mussi, Fifth Panel, judged on 09/26/2017, DJE 10/06/2017

AgRg in REsp 1449194/MG, Rel. Minister Nefi Cordeiro, judged on 09/26/2017, DJE 10/04/2017

HC 410413/SP, Rel. Minister Maria Thereza de Assis Moura, judged on 09/21/2017, DJE 10/04/2017

The audiovisual record of testimonies collected within the scope of the criminal proceedings does not need to be recorded or transcribed, in favor of the principles of reasonable duration of the process and procedural speed, unless the need is demonstrated. Source: Jurisprudence in theses (STJ).

Judgments:

HC 336112/SC, Rel. Minister Ribeiro Dantas, Fifth Panel, judged on 10/24/2017, DJE 10/31/2017

RMS 036625/MT, Rel. Minister Rogerio Schietti Cruz, judged on 06/30/2016, DJE 08/01/2016

RMS 034866/MT, Rel. Minister Nefi Cordeiro, judged on 10/06/2015, DJE 10/29/2015

HC 177195/SP, Rel. Minister Laurita Vaz, Fifth Panel, judged on 08/26/2014, DJE 09/02/2014

RHC 040875/RS, Rel. Minister Marco Aurélio Bellizze, Fifth Panel, judged on 04/24/2014, DJE 05/02/2014

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