Institucionalização da investigação defensiva dentro da defensoria pública no Brasil: utopia ou realidade?

Abstract

his work analyzes the investigation in the Brazilian criminal prosecution model assuming the need to develop a proactive defense regarding the collection of evidence sources and evidence favorable to the person investigated or accused, as a corollary to the right to technical defence. The direct investigation by the defense is justified by the constitutional principles of broad defense and the contradictory, the right to proof and effective criminal defense, as provided for in international treaties, infraconstitutional rules and administrative acts. The Public Defender is considered as a permanent institution essential to the judicial function of the State, an instrument of democracy, responsible for the promotion of Human Rights. Therefore it is indispensable that such practice be institutionalized within its nuclei, made customary in the procedural routine of the defenders and their assistants. For this, it is necessary to think about structural and cultural changes in the long and medium term, given that the institution faces several difficulties in the performance of its activities. Even with the obstacles, the exercise of defensive investigation within the Defender’s Office cannot be seen as something utopian. The institutionalization process is already underway in some nuclei, showing that in fact the primordial element, taking into account the current scenario, is personal commitment, creativity, proactivity, the search for innovations and awareness of the real role of technical defense in criminal proceedings.