Obligation of the corporate of crime provided for in art. 158, CPP

The process is an important stage in law, as it is through it that the parties exercise their adversary proceedings and seek, through the facts that occurred, the necessary evidence to succeed in their demand. The methodology used to achieve this objective was the deductive hypothetical, through theoretical framework, in particular, bibliographical research, specialized journals, articles, national legislation and resolution on the subject. It was sought through this work to demonstrate that the evidence constitutes the eyes of the process and it is through them that the judge will base his decision on a judgment. An accusatory system starts from the premise that it is facing a triangular process, in which the judging body is inert and this inertia is intended to safeguard the judge's impartiality, thus ensuring the safeguard of the accused's fundamental rights. The problem theme deals with the obligatory nature of the body of offense provided for in art. 158, CPP. Thus, this work aims to demonstrate that the examination of the corpus delicti should not be an imposition, as it violates constitutional rights.