A investigação criminal defensiva como pressuposto da paridade de armas na dinâmica do processo justo

Abstract

In this paper will be analyzed the possibility of inserting the Defense Criminal Investigation in Brazilian law, in the light of the Principle of Equality, specifically its corollary of Weapons parity. Besides, other procedural safeguards, such as adversary system and full defense also sustain the need to observe the procedure described in this study. Also is required an approach as to how investigation is planned today by Brazilian criminal justice system, revealing their features and their flaws. Once the main feature is the preliminary investigation as an inquisitorial procedure, it reveals as the major criticism to the police investigation. Hereafter will be approached the central theme of this work, criminal investigation being conducted by the defense, as a way of trying to achieve a more acceptable level of equality in the pretrial stage of criminal prosecution. Considering as a support the possibility of contradictory in the research leaded by the judicial police, as is provided in our system. After, will be delineated a few lines about how is the procedure of defensive research in Comparative Law. Made it, it can‘t be ignored the possibility of inserting this procedure in the current Code of Criminal Procedure and also the analysis of the Draft New Code of Criminal Procedure, regarding the prevision or not of the procedure under study in this work. Then, there will be enough conditions to conclude that the current system is filled with flaws that must be corrected. Finally, one of these main flaws, the absence of contradictory in police investigation can and should be solved with the prevision, organization and guarantee fulfillment of criminal defense.