A efetiva aplicação da investigação defensiva no Brasil como proteção às garantias e direitos do investigado no processo penal

Abstract

In front of problems in the functioning of the Brazilian criminal procedural system, still marked by inquisitorial characteristics that affects mostly the accused, comes up a need to analyze possible solutions that alleviate the vulnerability of the accused part. The present study deals with one of these mechanisms: the defensive criminal investigation, which appears as a way to implement and expand the defense's performance in all phases of the criminal prosecution, especially in the police investigation. To this end, the work was developed through the analysis of the historical context, the related constitutional principles and guarantees, as well as the doctrinal and practical contours involved in the issue. Also highlighting the timid incentives to the defensive institute, such as Bill n. 8.045/2010 and Provision nº 188/2018, of the Federal Council of the Brazilian Bar Association, as well as their contributions to the effectiveness of the protection constituted for the accused and the difficulties they face in its consolidation, reaching the conclusion of the essentiality of the defensive investigation in favor of a fair and effective criminal procedure.