Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 215 CPP – Reproduction of the testimony in the term.

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Art. 215. When writing the deposition, the judge must adhere, as much as possible, to the expressions used by the witnesses, faithfully reproducing their sentences.

Reproduction of the testimony in the term

Interferences in Truth by Testimony:  See  this same subheading  under the heading Testimony and Truth in our Notes to Article 202.

Device falling into disuse:  Handwriting, typewriter, stenotype and, finally, the Justice is moving towards the electronic process, for the video recording of hearings ( article 405 and its paragraphs). In a short time, this device will no longer have application. Article 405 suggests preference for the audiovisual technique, “aimed at obtaining greater fidelity of information”. It is the technique that is already implanted in the Federal Court. According to the Houaiss Dictionary, audiovisual is “any communication, message, resource, material, etc. which is intended to or aims to stimulate the senses of hearing and sight simultaneously” (Dicionário Houaiss da Língua Portuguesa, Editora Objectiva, Rio de Janeiro, 2001, p. 343). Internet, television, cinema, filming are audiovisual methods of communication. In the electronic processes of the Federal Court, on the internet, it is possible to watch the hearings verified in their course in full. 

A problem for the test exam?  Questions that arise: is it more complicated for the judge and the Court to examine testimonial evidence, since it is all filmed? Will the magistrate need to watch all the footage? Wouldn’t that take too much time? Answer given: no. The party will be able to transcribe the excerpt that is of interest in their reasons and indicate exactly where in the recording this excerpt is located, in case the judge wants to check or watch it. Therefore, without a doubt, technology contributed to the Judiciary taking a big step towards the real truth and the realization of justice. The mediation made by the judge between what is said by the witness and what appears in the minutes has always involved many flaws. Mainly due to interference in communications.


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