In dubio pro reo is a Latin expression that means "in doubt, in favor of the defendant". It is a legal principle and is based on the presumption of innocence, according to which no one is guilty until proven otherwise.
This means that someone can only be convicted if there is concrete evidence. If there are doubts or lack of evidence regarding the authorship or materiality of the fact, the action will be judged in favor of the defendant, that is, he will be acquitted.
The principle of presumption of innocence was enshrined in Brazil with the Constitution of 1988, which determined it as a fundamental right and a permanent clause, that is, it cannot be changed.
In dubio pro reo in practice
In practice, this principle works as follows: if, at the end of a case, the judge does not have sufficient evidence to convict the accused, the accused must be acquitted. In this way, it prevents a person from being convicted for the simple fact of having been accused.
Thus, the decision must be directed in favor of the defendant if doubts remain. The aim, therefore, is to prevent people from being unjustly convicted.
It is a principle of the rule of law, in which it is better to acquit the guilty than to punish unjustly innocent people, after all, would be a miscarriage of justice that could result in the civil liability of the State.
In dubio pro reo in criminal law
The principle of presumption of innocence is used, especially, in Criminal Law. This is the branch of law that deals with the State's punishment of individuals, resulting from crimes committed. According to the Code of Criminal Procedure:
Art. 386. The judge will acquit the defendant, mentioning the cause in the operative part, provided he recognizes:
(...)
VII – there is not enough evidence for the conviction.
In criminal proceedings, the burden of evidence is on the prosecutor. That is, the person who was accused must also make his defense, but who must prove that he is guilty is the one who makes the accusation.
the beginning of in dubio pro reo is also guaranteed in article 11, item 1 of the Universal Declaration of Human Rights:
every man accused of a criminal act has the right to be presumed innocent until his guilt has been proven in accordance with the law, in a public trial in which all the necessary guarantees for its defense.
And in the 1950 European Convention on Human Rights, in article 6, item 2:
any person accused of an offense is presumed innocent as long as his guilt has not been legally proven.
In dubio for the worker
Similar term to in dubio pro reo and used in Labor Law is the in dubio for the worker. As in Criminal Law, this principle seeks to protect the weakest party in a legal relationship. In the case of an action between company and worker, the employee is the weakest party.
In this case, if at the end of the process there are doubts for the judge, the decision must be the one that is most beneficial to the worker.
See also the meaning of principle, Rule of law, Criminal Code and others Latin phrases.