Uma análise crítica do inquérito policial à luz da lei n° 13245/2016

Abstract

This article deals with the legal nature of the police investigation in light of Law 13.245, dated January 12, 2016. It will be analyzed, at a first moment, the precepts intrinsic to the aforementioned norm, in order to understand the procedural system adopted In the police investigation, since this is an administrative procedure of an inquisitive character and investigative character, whose purpose is to provide the existence of factual support for the prosecution of criminal proceeding through the investigation by criminal police of criminal offenses (authorship and materiality). In order to do so, in a second moment, it will be demonstrated what are the peculiarities presented in the accusatory and inquisitorial systems, outlining, in the opportunity, how the investigation is foreseen and what the novelties and implications brought by the law of the institute in analysis. From this perspective, this research has as its main focus the problem of the procedural system adopted, and, in the alternative, question the lawyer's participation in the police investigation and the apparent extent of the contradictory principle.