Investigação criminal defensiva sob a ótica do direito à prova
The present work aimed to analyze the implementation of defensive criminal investigation in Brazil, as a suitable instrument to enable the perfecting of the right to evidence, by the defense. This is because, although the Federal Constitution of 1988 has promoted a re-reading, from a democratic and...
Na minha lista:
| Autor principal: | |
|---|---|
| Outros Autores: | |
| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
|
| Assuntos: | |
| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/53715 |
| Tags: |
Adicionar Tag
Sem tags, seja o primeiro a adicionar uma tag!
|
| Resumo: | The present work aimed to analyze the implementation of defensive criminal investigation in Brazil, as a suitable instrument to enable the perfecting of the right to evidence, by the defense. This is because, although the Federal Constitution of 1988 has promoted a re-reading, from a democratic and guaranteeing perspective, of the national code of criminal procedure, implementing the accusatory system in Brazilian criminal prosecution, there is a historical imbalance of probative aptitude between the procedural parties, accentuated with the recognition of the competence of the Public Prosecutor's Office to investigate crimes, with the aim of gathering elements that substantiate his accusatory thesis. The defensive investigation, therefore, emerges as a tool that enables, especially for the defense, the private criminal investigation with the scope of also supporting its defensive thesis and effectively influencing the formation of the cognitive sphere of the judge. Therefore, the research was made through a theoretical method, revisiting, through qualitative research, the bibliography, the jurisprudence and the comparative law. Finally, it was demonstrated that the implementation of defensive investigation has the power to improve the right to evidence, on the part of the defense, enabling a fairer, more balanced and democratic criminal prosecution, although the effective regulation of the institute is essential, respecting the right to evidence, for the defense, with the aim of providing more legal certainty to the procedural actors, as well as to the judiciary itself, when facing issues related to the referred investigation. |
|---|