Title: Direito à prova e preclusão no processo penal condenatório
Abstract: The aim of this dissertation is to analyze the incidence of the issue preclusion along the exercise of the right to evidence in the criminal proceeding.For this purpose, the research comprehends two subjects: the right to evidence, by the analysis of its main features; and the issue preclusion, by the study of its development (in the criminal and civil procedures, in Italy and Brazil) and the verification of the consensus aspects about its concept.Then, the work identifies an essential core of the issue preclusion: a calculated risk between the (conflicting) requirements of the most accurate fact reconstruction and the speed trial.In the end, the paper examines the incidence of the issue preclusion in each of the moments of the evidence activity, from the perspective of each of the parties (prosecution and defense) and the judge (including his initiative in the evidence).For the defense, the work points out the possibility of disregarding the issue preclusion in the evidence activity, by a judicial analysis guided by the calculation of the issue preclusion's risk.