O standard probatório para a decisão de recebimento da denúncia

Abstract

The Federal Constitution represents the guiding scope of our legal system, so that all legal rules must observe their precepts to be considered constitutional, especially the principle of the Presumption of Innocence, in the case of the criminal procedural system. The mere outbreak of a criminal action has the ability to change the dignitatis status of individuals, so that it can only be managed when justified, which, in terms of logical probability, should occur when the politically chosen standard of evidence is reached. by the legal system Thus, based on a diversified bibliographic review on the subject, the present work aims to immerse in the contours necessary for a decision that chooses to receive the complaint offered by the accusatory body. In this context, there is a need to investigate the probative standard to be operationalized in the decision to receive the complaint, in order to allow the initial accusatory hypothesis to be considered as sufficiently demonstrated, which, in general, is close prevailing probability - more likely than not.