A condução coercitiva para interrogatório: uma análise da decisão do STF nas ADPFs 395 e 444

Abstract

The Federal Supreme Court decided, in June of this year, in the Provisions of Noncompliance with Fundamental Precepts 395/DF and 444/MG, for non-receipt of the expression "for interrogation", contained in art. 260 of the CPP and, consequently, the declaration of incompatibility of the coercive conduct of investigated or of defendants for questioning with the Constitution of the Federative Republic of Brazil, enacted in 1988. In the meantime, the present work seeks to analyze the arguments used by the Supreme Court to support such decision. In order to reach a conclusion, it is based on the study of the institutes leading case in comment. Thus, the present research is directed to the analysis of the interrogation and its various nuances, including the discussion of its nature legal basis. Then, it is about coercive conduct and its admissibility in the legal system as an autonomous precautionary measure. Thus, in order to understand the complexity of the subject matter, a quality of the institutes presented, through a bibliographical research, with the in a critical way, through the positioning of the doctrine, the presente article. Finally, a study of the decision made by the Supreme Court Federal Court, in particular the invocation of the right to freedom of locomotion and the principle of presumption of non-culpability presented by Court in order to prohibit the use of the coercive conduct of the accused for of interrogation. Then, as the results of the research, it is verified that duly used the principles regarding the right to come and go of the individual.