Contraditório e ampla defesa no âmbito do inquérito policial

Abstract

This final project aims to defend the applicability of the principles of the contradictory and of ample defense, which have the nature of constitutional norm, during the administrative procedure, which is the police investigation. This is because the current treatment of Brazilian police investigation is based on the code of criminal procedure of 1940, being, therefore, some of its mechanisms are not in accordance with our Constitution, which dates from the year 1988. Our Constitution has a democratic and guarantor character of individual rights. Therefore, due to her being the heart of all legislation and have a hierarchical character superior to all the other norms of the current legal system, should have total obedience to her, under penalty of violating the democratic State of law. Having said that, it is important to verify the possibility of applying the principles of contradiction and of ample defense, provided for in article 5, in the list of fundamental rights, therefore, its non-fulfillment can assume real violations of individual rights and guarantees of the constitutional norms.