A polícia judiciária brasileira no seculo XXI: entre o eficientismo ex parte príncipis e o garantismo ex parte populi

Abstract

The debate on public security has gained a great prominence in Brazil in recent years. The increasing crime rates and the worrying military and technological apparatus presented by criminal organizations have provoked a constant clash between those who believe that a re-enactment of state repression (expansionism of Criminal Law) is necessary and those who intend that the moment is to strengthen the movement guarantor (criminal minimalism) as a way to stop the escalation of violence. Among fundamental rights, once again the balance oscillates between security - ex parte principis - and freedom - ex parte populi. For some, the whole system is in crisis. In the middle of the discussion is the Brazilian Judicial Police, which seeks every day to reinvent itself in the face of constant charges to be an agent for the promotion of punitive social control also to play the role of first guarantor of fundamental rights in the criminal justice system. In the exercise of its mandate, the Brazilian judicial police in the 21st century should begin to review its main investigative tool, which is the police investigation. Overcoming anachronistic conceptions about this institute and inciting debates that could value the police investigation as a guarantor instrument in the service of a democratic and republican criminal justice system seems to be the beginning.