The principle of the presumption of innocence, the valuation of evidence in the present and challenges of criminal law in the 21st century

Abstract

The present study sought to point out the challenges of criminal law in the face of new times and its transformations, volatilizing established principles such as the Presumption of Innocence and, to a certain extent, provoking a new look at crime and the evaluation of evidence. Law is a science in constant transformation, since it epistemologically depends on sociology, anthropology, psychology and other social sciences. The methodology used was based on a qualitative bibliographic approach, contemplating the use of scientific studies, with key authors on the proposed topic. A brief historical review was made on the importance of the so-called constitutional guarantee right, the Presumption of Innocence, highlighting the issue of the evaluation of the evidence in some legal situations such as the crime of rape and in the context of family relations, where the crimes they are usually committed without the presence of witnesses and other analyzes of a social nature that are of interest to criminal law. Finally, we consider that, in evidentiary matters, the question of the truth of the facts as a validating criterion of justice in the field of criminal procedural law, the impartiality of the magistrate and the new penal modalities that require an adequate act of the right to stop and punish.