adversarial system
[/ədˈvɜːrʃəl ˈsɪstəm/]
nounpl: adversarial systems
sistema adversarial
1. A legal system in which the judge acts as a neutral arbiter between two opposing parties (prosecution and defense) who present their cases, with the truth emerging from their conflict
The United States uses an adversarial system where the prosecution and defense present competing arguments to the jury.
Os Estados Unidos utilizam um sistema adversarial onde a acusação e a defesa apresentam argumentos concorrentes ao júri.
2. A procedural approach based on competition and opposition between parties rather than cooperation to discover truth
In an adversarial system, lawyers have a duty to zealously represent their clients rather than seek objective truth.
Em um sistema adversarial, os advogados têm o dever de representar zealosamente seus clientes em vez de buscar a verdade objetiva.
The adversarial system is fundamental to common law countries like the USA, UK, and Canada, contrasting sharply with Brazil's civil law tradition which uses a more inquisitorial approach. Understanding this distinction is crucial when comparing legal systems and when discussing international legal procedures. The concept emphasizes individual rights and the presumption of innocence, key values in Anglo-American legal culture.
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