A importância do inquérito policial na persecução penal

Authors

Eduardo Mattosinhos

Keywords:

Police Inquiry. Preliminary Investigation. Importance. Judge of guarantees.

Synopsis

This inquiry aimed to analyze the importance of the police investigation in
criminal prosecution, as well as whether the Judge of guarantees can strengthen this investigation model. Regarding the importance of the police investigation, it was observed that despite being unnecessary, it is rarely used as an informative instrument for the parties in the criminal process. As it is an informative piece, the inquiry can support the parties in the process and, therefore, allow the offender to be judged based on the reality of the facts presented with due criminal investigation. It is still possible to infer from the study that despite its importance, the inquiry is in crisis due to the difficulty of fulfilling its informative function in the process. Regarding the guarantee judge, the study sought to relate the strengthening of this investigation model to the presence of this judge with the fundamental rights of the people involved in the preliminary investigation, saying that it is essential that during the pre-procedural phase there is a guarantee judge and another judge in the instruction phase, to prevent the investigation evidence from hindering the conviction of the instructing judge. Finally, it is possible to infer based on the study carried out that the police investigation has great importance in criminal prosecution, but continues to evolve, with the Judge of guarantees strengthening this piece, bringing greater legality and ensuring the fundamental rights of those involved.

References

MATTOSINHOS, Eduardo. A importância do inquérito policial na persecução penal. 2023. 30f. Artigo (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2023.

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Published

November 27, 2023