O Papel do Inquérito Policial nas Decisões Judiciais em Matéria de Presunção de Inocência

Abstract

This work arises from the need to explore the interactions between the principle of the presumption of innocence and the role of police investigations in judicial decisions. It begins by emphasizing the fundamental objective of the State to ensure social welfare, as established by the 1988 Constitution, which enshrines individual rights and guarantees. The principle of the presumption of innocence, enshrined in legislation and the Declaration of the Rights of Man and of the Citizen, guarantees that every accused individual is considered innocent until proven guilty. However, the conduct of police investigations raises questions about how this can affect the presumption of innocence and, consequently, judicial decisions. The research aims to critically analyze the role of police investigations in judicial decisions related to the presumption of innocence. Specifically, it intends to: i) conduct a doctrinal analysis of the procedural instrument of the police inquiry; ii) examine police investigations from a normative perspective; iii) address the presumption of innocence from both doctrinal and normative viewpoints; and iv) discuss the repercussions of police investigations on judicial decisions regarding the presumption of innocence. The methodology employed includes a bibliographic approach, analyzing academic works, scientific articles, legislation, and case law related to the topic: Brasil (1988), Gomes and Farias (2023), Machado (2021), Cruz and Stein (2022), Almeida (1957), Jorge (2011), Azevedo and Vasconcellos (2011), and Silva-Gonçalves (2020). Furthermore, this analysis explores different perspectives on the subject. The study underscores its importance for understanding the criminal justice system and for strengthening the democratic rule of law, considering the impact of investigations on judicial deliberations