A investigação criminal defensiva no ordenamento jurídico brasileiro

Abstract

The present work has as its central objective to propose a critical reflection on the criminal investigation model used in Brazil. It is observed that the criminal investigation carried out by the police investigation is clearly accusatory, since it has as objective to pursue elements that lead to the conviction of the taxable person. In contrast to this model is the defensive criminal investigation, a subject much discussed by foreign and national doctrine, especially in the current moment experienced by our country, especially with the waves of corruption and use of forum by prerogative of function. The defensive investigation brought in the Bill of Law nº 8.045/10 (New Criminal Procedure Code) provides a balance between the parties, at the time of the preliminary investigation, promoting a true parity of weapons so desired by the Democratic State of Law. However, one of the greatest difficulties in implementing the institute, in the current conjuncture of the country, is linked to the guarantee of technical and financial conditions for the defense to promote research.