Condução coercitiva do investigado no Processo Penal: uma análise acerca da necessidade de aplicação da medida e os limites da produção de provas

Abstract

The present study aimed to demonstrate the need for coercive conduct of the investigated in the course of criminal prosecution. The growing wave of police operations carried out with the aim of combating organized crime, has increasingly used mechanisms several than those provided by law, with the objective of ensuring greater speed and effectiveness of judicial protection. In this way, the coercive conducts have been determined with more frequency, which has generated a visibility never before dispensed to the institute. So much so that conduct has been provided for in the Code of Criminal Procedure since its publication in 1941 and has never been the subject of doctrinal divergence. Currently, however, the institute has gained new functionality, once its prediction is authorized in legislation only during criminal proceedings. By analogy and in compliance with the principle of proportionality, it was also used during the investigative phase, through the exercise of the general power of caution, in the judiciary, with the scope of guaranteeing greater effectiveness in the judicial protection provided by the State, imputing to the investigated less severe measure than the precautionary prison. For this reason, coercive conduction has the legal nature of a personal precautionary measure alternative to imprisonment and, since it implies the individual's freedom of movement for a few hours, only the judicial authority is competent to issue the warrant. With this new style, the institute has been drawing the attention of doctrinaires and, in particular, of the Supreme Court, which has recently adjudicated two Arguments of Non-Compliance with Fundamental Precept related to the subject, as will be explained in the course of this work. As a method, the deductive was used and, as methodology, an essentially bibliographical and jurisprudential research was chosen.