Investigação preliminar sob a ótica defensiva: os direitos do investigado na fase pré-processual

Abstract

The Federal Constitution of 1988 brought an accusatory and guarantist system to the Brazilian criminal process that must be observed and respected in a democratic State and the rule of law. The primary objective of this work is to demonstrate that defensive criminal investigation has constitutional support. There is a truly pressing need to set defensive criminal investigation in order to have a fair and efficient criminal prosecution in Brazilian legal ordinance. For this purpose, in the first chapter there is a semantic rescue of the subject. The main aspects of the preliminary investigation, based on the accusatory system, are examined. The next chapter covers concept, legal nature, subjects and purposes of investigation, as well as the distinction between acts of investigation and acts of instruction and their reflexes in procedural statement. Following, the constitutional principles of contradictory, full defense and equality in the field of investigation, in order to ensure the rights of defendant, are pointed out. Finally, there is an analysis of means and instruments of defense (technical and one own’s) that constitute defendant’s rights in the preliminary phase. At last is revealed the indispensability of defensive role in legal systems and pointed out the spread of investigation powers of Public Prosecutor’s Office in the proceedings for determination of criminal infringement in its role as a party.