Produção da prova externa e sua validade no processo penal contra a criminalidade organizada transnacional

Abstract

The present objective work to search the juridical motives and reasons that are in the conventions, treaty and international agreements related to the production of external evidence, as to make it and of that it forms can be made, to demonstrate its effectiveness or validity in the criminal proceeding in the cases of organized crime transnational. At the same time, it looks for to present the beddings, the allegations and the justifications forms for one better rapidification in the attainment of this criminal evidence, to break the spirit of impunity in the predominant transnational crime in the globalization world. The study indicates the act of law and the incorporation in the domestic law or the Brazilian legal system of the conventions, treaty and agreement to international cooperation in criminal matter, after the congressual approval and the executive promulgation, as form of if making its immediate application, in the direction of the bilateral exchange of documents and evidences, or same, in the transference of the process in the transnational crimes, already used in the European Union. This direct exchange between Brazil and the participants countries, only by the state authorities, without the severities to the letter rogatory and the process of originary homologation of sentence of the Supreme Court, it will come to bring more rapidity and agility in the combat to organized crime transnational.