O papel do juiz na produção de provas no sistema acusatório: análise da interpretação do STF sobre o Artigo 3º-A do CPP

Abstract

This paper analyzes the role of the judge in the production of evidence in Brazilian criminal procedure in light of the accusatorial framework established by the 1988 Constitution and reinforced by the introduction of Article 3-A of the Code of Criminal Procedure, through Law No. 13,964/2019. The research starts from the observation that, despite the constitutional commitment to a rights-based system, judicial practice still retains characteristics of the inquisitorial model, manifested in the proactive conduct of judges during the evidentiary phase. In this context, the study investigates the persistence of legal provisions predating the Constitution—such as Articles 156 and 209 of the CPP—and their compatibility with the new constitutional order. Through a theoretical-critical and interdisciplinary approach, the work examines the hermeneutic disputes surrounding the interpretation and application of Article 3-A, with emphasis on the performance of the Federal Supreme Court (STF). It is noted that, although the provision aims to align criminal procedure with the principles of adversarial proceedings, impartiality, and equality of arms, its effectiveness faces institutional and cultural resistance. The STF, while formally recognizing the accusatorial structure, has adopted an ambiguous stance—at times reinforcing procedural safeguards, and at other times relativizing them in the name of "effectiveness" and "truth-seeking." Moreover, the research highlights the role of counter-hegemonic actors—such as the Public Defender’s Office, academia, and civil society organizations—in defending a rights-based hermeneutics and consolidating a democratic criminal justice process. The conclusion reached is that the full implementation of the accusatorial system in Brazil requires not only legislative reform but, above all, a shift in interpretive and cultural paradigms within the criminal justice system