A (in)dispensabilidade do inquérito policial e os princípios do contraditório e da ampla defesa

Abstract

The present work deals with the indispensability of the Police Inquiry, seeking to ascertain to what extent the recognition of the evidential value of this procedural institute allows for the Adversarial Principle and the Right of Defense, established in the art. 5 of the Brazilian Federal Constitution of 1988, to be recognized and, moreover, applied at this pre-procedural phase. It starts, therefore, from the recognition that in a Democratic State of Law, with a Criminal Procedure governed, above all, by the Due Process of Law, it is no longer possible to consider that the accused is a subject deprived of constitutional rights and guarantees. The work emphasizes, then, that the Police Inquiry can no longer be considered as a merely administrative piece and therefore dispensable to form the justification for the proposal of a criminal action. In other words, the Police Inquiry is one of the most important instruments for collecting evidence of criminal offenses, also functioning as a true filter in order to avoid hasty and frivolous criminal actions, as well as authoritarian and abusive practices by the State. The study for the elaboration of this work was basically based on bibliographical research, with the use of articles, books and current legislation on the subject.