Análise da eficiência da prova pericial com uso de imagens de satélite em demandas judiciais agrárias

Abstract

This research analyzed the effectiveness of the expert evidence using satellite images from years prior to the conflict, compared with the testimonial evidence produced in agrarian demands, aiming to fulfill the social function of rural property provided for in art. 186 of the Constitution. When 37 (thirty-seven) judgments in agrarian civil lawsuits were analyzed in 35 (thirty-five) of the 41 (forty-one) courts of the lower court of the State of Tocantins, judged in 2016 and 2017, although they were informed by the respective judgments and by the Coordination of Strategic and Statistical Management of the Court of Justice a number of 937 (nine hundred and thirty seven) made, and 900 (nine hundred) of them were discarded by the exclusion criteria adopted, remaining at the end 37 (thirty-seven) capable of qualitative analysis, but only 01 (one) who used the expert evidence and 36 (thirty-six) who used the testimonial evidence as grounds for the judgments handed down. And given the low quantity of available facts and after analyzing it was not possible to confirm the original hypothesis that was the most efficient expert evidence to the detriment of the testimonial, to demand further studies, as well as it was not possible to say that the testimonial evidence generated legal uncertainty. or it was an invalid probative activity.