Inquérito policial: uma análise sobre a aplicabilidade dos princípios do contraditório e ampla defesa na fase de investigação criminal

Abstract

The present final paper aims to analyze the applicability of the principles of contradictory and legal defense in the pre-procedural phase of criminal investigation as a constitutional guarantee of the investigated. Thus, the first chapter will bring an approach to procedural systems throughout the history of criminal procedural law, and the constitutional guarantees of the contradictory and legal defense, both provided for in Article 5, section LV, of the Federal Constitution. Subsequently, in the second chapter, it will be discussed in-dept rather about police inquest, tracing its concept and its main characteristics as an administrative procedure aimed to verify of authorship and the materiality. Finally, this work will analyze the applicability of the contradictory and the legal defense in the police inquest. For this, the previous contradictory and early production of evidence as ways to incidence of the principles referred, and will be discussed on the main changes resulting from the Law number 13.245/2016, which modified article 7 of the OAB Statute (Law number 8.906/1994), besides the exposition of doctrinarian divergences about the theme.