Investigação defensiva no Brasil : limites e possibilidades no processo penal brasileiro

Abstract

This work seeks to analyze the so-called defensive investigation in Brazil. In view of the absence of a specific law on the subject, it began by analyzing the concept of the criminal procedural system, after an investigation was carried out on the aspects of the preliminary investigation, pointing out its points of tension and some problems in this area. It was verified that this is one of the most critical moments of every criminal prosecution, where the great evils of criminal procedure remain. The work then analyzed the defensive investigation, pointing out its assumptions of existence (parity of arms), and clarified what it is about, providing a concept on the subject. Next, the work discussed the object and purpose of the investigation conducted directly by the defense. The powers and limits to the powers granted to defenders in the task of investigation were analyzed. Finally, the (absence of) inversion of the burden of proof was discussed. Issues related to the need to make room for defensive investigation were addressed, especially from the perspective of Negotiated Justice. Finally, the possibility and tension points of the defensive investigation in favor of the victim were analyzed, and it was concluded with an analysis of Resolution 188 of 2008 of the Brazilian Bar Association.