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Kelsen, H. (1960). Reine Rechtslehre (2nd ed., Fully Revised and Expanded). Vienna. (Cited from the Spanish translation by Vernengo, R. J. (1986). Teoría Pura del Derecho (2nd ed.). Mexico City: UNAM).

has been cited by the following article:

• TITLE: The Lack of Evidentiary Standards to Define “Sufficient Evidence of Authorship” in Pretrial Detentions in Brazil: The Jurisprudence of the Brazilian Constitutional Court

  AUTHORS: Marco Túlio Ferreira dos Santos

  KEYWORDS: Evidentiary Sufficiency, Subjectivity, Verification, (Non)Existence of an Evidentiary Standard

  JOURNAL NAME: Beijing Law Review, Vol.15 No.3, September 30, 2024

  ABSTRACT: Brazilian legislation establishes the presence of sufficient evidence of authorship as a requirement for the determination of pretrial detentions. The objective of this article is to verify the existence—or lack thereof—of a jurisprudential evidentiary standard of authorship that determines the practical/semantic scope of the term sufficient evidence. The research methodology is empirical, consisting of the individual analysis of each case in the statistical sample. Three filters were used: 1) the temporal filter (from January 23, 2020 to November 23, 2022); 2) the substantive filter (related to drug dealing and homicides legislation); and 3) the filter based on decisions of the Brazilian Supreme Federal Court (STF), the judicial body responsible for resolving such interpretative difficulties. With these filters applied, fifteen decisions were found. These fifteen decisions are mentioned in thousands of others using copy and paste. The results suggest the impossibility of arguing the existence of merely punctual errors since, on the contrary, the absence of the sought-after probative standard is evident.