O mito da paridade de armas no processo penal brasileiro e a legitimidade da investigação defensiva como forma de contenção do encarceramento em massa

Abstract

The present work aims to carry out a critical analysis on three main points: the national prison system, the guarantees of the Brazilian criminal process and the practice of defensive investigation. Under the aegis of the dichotomy to be / should be, each aspect is presented based on a study of the history of the Brazilian Judiciary, of doctrinal currents, of judicial decisions and of the forensic practice of criminal law. As specific objectives, there is a comparison of official government data, presentation of the guarantees of the principles and analysis of the legitimacy of the investigation carried out by the defense. Through an exploratory research methodology, there is a compilation of the bibliographic, jurisprudential and documentary survey done, which deepens the discussions on the theme. Divided into a structure of three main chapters that are capillarized in topics, the study presents the reader with a direct and concise narrative, without any kind of ramblings, with the demonstration of the reality experienced by millions of Brazilians who they suffer from prison or procedural injustices. Defensive investigation is presented as a way to ensure the application of the individual's rights in the process, as it contributes to a balance between prosecution and defense, based on the principle of arms parity. Furthermore, it is worth mentioning that defensive investigation represents control of the legality of the performance of public agents in charge of ordinary investigation, contributing to a better procedural instruction, which in turn reduces the chances of judicial errors that subject subjects of rights to degrading and disrespectful treatment. In view of this reality, the constant improvement of defensive techniques tends to make the Judiciary increasingly humanized, curbing its changes and eradicating its ills which aggravate the failed National Penitentiary System.