Busca de limites constitucionais para utilização de meios atípicos de obtenção de provas irrepetíveis na investigação preliminar

Abstract

The aim of this research is to analyze the incidence of atypical means of obtaining unrepeatable evidence in the police investigation and the constitutional limits for its use and the production of evidence in advance. Evidence develops a central role in the investigation and throughout the criminal proceedings, and it is through the means of obtaining evidence that the police authority will reach the sources of evidence. Despite the impossibility of considering, exclusively, the elements produced in the preliminary investigation to form the magistrate's decision, in specific situations, it is possible to gather unrepeatable evidence in advance. Therefore, this research examines the structure of the preliminary investigation developed in the police investigation, as well as the principles and guarantees applied, and the probative value of such elements. One knows that the tension in the police investigation exists in certifying whether both the adversary system and the full defense in the face of investigative acts, especially those of invasive nature, are observed. Based on a consolidated individual rights guaranty, one unveils the typology of atypical means of investigation and its guidelines in criminal proceedings and the limits between evidence, investigative acts, and the existing criteria for opening the incident of anticipated production of unrepeatable evidence. Lastly, one includes an analysis of a TRF4 judicial precedent, in order to expose the theme factually and to draw the limits through the constitutional analysis in the light of fundamental rights.