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It’s been sought to use the criminal procedure as a means of pursuing and constituting a real truth about past events that are being investigated, perverting the functions of the judicial agents and transpassing the defendant’s guarantees. Thus, the idea of truth, its convalescence in the criminal procedure, the judge’s role and the constitutionality of this principle will be verified through a philosophical-legal prism, focusing on deconstituting this myth which seems, to many jurists, to be already established in the criminal procedure.

(Des)Construção do Mito da “Verdade Real” e o Papel do Magistrado no Processo Penal Enquanto Instrumento Constitucional