A (in)aplicabilidade do contraditório e da ampla defesa no inquérito policial

Abstract

The present study dealt with the study of the (in) applicability of the contradictory and ample defense during the procedure of the police investigation in the scope of the study in an interdisciplinarity passing between the criminal law, criminal procedure and giving rise to the constitutional right to deal with the principles on screen to be analyzed. The research has as its subject and scope in a wide bibliographical review, according to a methodology in qualitative analysis, searching for the doctrines more conceptualized in the Brazilian legal system, analyzing, including, published scientific articles, legislations and the jurisprudential analysis. The chapters are presented at the beginning in order to research what the police inquiry, its characteristics, the probative value and the search for the finding of a guarantor, rather than inquisitive judge. Chapter two examines the constitutional principles of the investigative phase, the police inquiry, highlighting the principle of the state of innocence, the principle of the dignity of the human person, the principle of real truth and the principle of minimum intervention. Later, in the third chapter, for conceptualization and historicity, it deals with the criminal procedural systems, presenting the criminal, inquisitive, mixed and procedural procedural system, as well as verifying the doctrinal position as to what the Brazilian Code of Criminal Procedure of 1941 adopted. The fourth chapter deals with the way in which the inquisitorial line was adhered to the legislation and the election chosen in the Federal Constitution of 1988. The fifth chapter, complementing the study of the general objective, deals with the contradictory and ample defense under analysis and, finally, explores examples of theories that do not accept the applicability of the contradictory and ample defense in the police investigation. Finally, in the sixth chapter, the specific objective of the work is achieved considering the study on the effects of the inapplicability of the contradictory and the ample defense in order to show the doctrinal positions that grant the importance of the application of the contradictory and ample defense during the police investigation. We conclude the study with the scope of analyzing the judges and verifying the attributions of the application of the contradictory and ample defense during the police investigation, analyzing jurisprudence of the Courts of Justice, the Superior Court of Justice and the Federal Supreme Court.