THE NEW CONCEPTION OF THE THEORY OF THE LOSS OF A CHANCE AND ITS (IM)POSSIBILITY OF APPLICATION IN THE CRIMINAL PROCEDURE BRAZILIAN

Abstract

The present work takes an approach to the State's duty regarding understanding the theory of loss of a chance and its application in the criminal process within the Brazilian legal system. With the aim of verifying the applicability of the responsibility imposed by the theory of loss of a chance on the perspective and statements of the criminal process. Asking the question, how is it possible to use the theory of loss of a chance in relation to evidence and procedures in criminal proceedings? As a methodology for discussing the topic, the deductive method was adopted as a basis for investigation, through bibliographical research, of a descriptive type, using articles, legal codes, the Federal Constitution, the internet and books themselves. Emphasizing the reflections of studies on legislation, doctrines and jurisprudence. The present work resulted in a majority understanding of the possibility of the theory of loss of a chance in the criminal process due to the cases presented, depending on the interested parties or members of the judiciary understanding the essential prerequisites for their characterization in the field. criminal procedure.