THE PRESUMPTION OF LEGITIMACY AND TRUTHFULNESS OF POLICE TESTIMONY AND THE PRINCIPLE OF PUBLIC FAITH: AN ANALYSIS OF DRUG TRAFFICKING SENTENCES IN THE CITY OF MACEIÓ
DOI:
https://doi.org/10.51891/rease.v11i9.21203Keywords:
Police deposition. Drug Trafficking. Burden of proof.Abstract
This work stems from a Scientific Initiation project conducted between 2019 and 2020, which analyzed the overvaluation of police testimony in drug trafficking cases. Focusing on rulings from the 15th Criminal Court of the Capital and the Narcotics Court of Maceió/AL, the study aimed to assess the weight given to law enforcement officers' statements and identify the factors driving this democratic inconsistency. A quantitative method was employed to count decisions relying on police testimony for their reasoning and to determine the number of sentences based solely on such testimony. Data interpretation was combined with bibliographic, jurisprudential, and journalistic research, revealing that the erroneous presumption of veracity/legitimacy and the principle of public faith are the foundations of this overvaluation. These administrative law attributes, when applied in criminal proceedings, dangerously invert the burden of proof, creating an undeniable procedural imbalance against the defendant and highlighting the need for diverse evidentiary mechanisms to mitigate the defense's challenges.
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Atribuição CC BY