Resumo

DEI VECCHI, Diego. The Appeal for Errors in the Evaluation of Evidence in the National Code of Criminal Procedures. Bol. Mex. Der. Comp. [online]. 2018, vol.51, n.153, pp.711-738.  Epub 20-Abr-2020. ISSN 2448-4873.  https://doi.org/10.22201/iij.24484873e.2018.153.13654.

The text addresses the problems related to the challenge and review in court decisions, adopted during the criminal process, by virtue of potential errors in the assessment of the evidence and determination of the factual premises. First of all, the apparent tension between, on the one hand, the guarantee to double conformity by means of an integral remedy and, on the other, the principle of immediacy from which it would follow that the trial court is sovereign in the evaluation of the evidence. From there, and after a reconstruction of the manner in which tie probative reasoning has to be reflected in the judicial decision in accordance with the requirements of the CPEUM and the CNPP, it is demonstrated that this tension is more apparent than real. This makes it possible to say that the solution of the CNPP in excluding the questions concerning the assessment of the evidence as possible grievances to argue through the appeal is a bad solution. This is especially so because it is intended to be a solution to a problem that is largely non-existent.

Palavras-chave : judicial decision; appeal; evidence; immediacy-inference.

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