THE BLIND SPOT OF THE LAW: ANALYSIS OF THE FLAG IN THE LIGHT OF THE PRESUMPTION OF INNOCENCE

Abstract

It was a bibliographic review study that sought to analyze the flagrante delicto in the light of the presumption of innocence, considering the blind spot of Law, in which certain cases, the evidence and appearances of the fact are taken into account, rather than its contextualization rather, undermining the full interpretive analysis. In this regard, the study's central proposal was to analyze the extent to which arrest in flagrante delicto may not imply a judgment of guilt in the face of the presumption of innocence. Therefore, the study also sought to understand the hallucinatory nature of the evidence, listed in the blind spot, the analysis of the flagrante delicto listed in the contradictory and the process as an instrument for the protection of guarantees in the light of the Federal Constitution. From the study, it was concluded that in order for a fair trial to always act, it is necessary to have a process and to make the final decision, it is necessary to exhaust all the means of law and the constitution of all the evidence, essence to explain the guarantees fundamental elements present in a fair process, which makes effective the broad defense and the contradictory, and thus, materialize a fair, impartial and efficient criminal justice system, capable of guaranteeing the protection of human rights and the promotion of social justice.