Da aplicação do Direito Constitucional do contraditório no âmbito do inquérito policial

Abstract

The police inquiry is an administrative procedure of an inquisitorial nature, presided over by the judicial police that aims to provide sufficient evidence of authorship and materiality to justify the prosecution. As a result, the incidence of the constitutional right to the adversary is almost nonexistent, the participation of the technical defenders is limited and the imputations that occurred in this phase of the criminal prosecution, even based on evidence raised without the constitutional stamp, cause, for the most part, irreparable damages. to the life plans of the investigated. For these reasons, the objective of the present paper is to present possibilities to improve the conduct of police inquiries, suggesting suggestions of new duties to the police authorities as a way of promoting the incidence of participatory contradiction in this procedure.