Exclusão dos autos do inquérito como propósito de validação do sistema acusatório brasileiro .

Abstract

The Brazilian criminal procedure, in the light of the Federal Constitution of 1988, assumes a perspective of attention to the purposes of impartiality, seeking to give the judge a space of clarity and legal neutrality. The present study has the general objective to analyze how the new art. 3-C, §3, of the Criminal Procedure Code, which positive the exclusion of the investigation records, can serve as an important protective mechanism for the impartiality of the judge and the accusatory system increasingly based on the national legal system. The specific objectives are: i) to differentiate acts of investigation and acts of proof; ii) recognize the accusatory system in Brazil, considering the insertion of the guarantee judge; and iii) project the effects of the exclusion of the investigation records in the Brazilian criminal procedure. Thus, it is worth asking, as a research problem: would the legislative change promoted by the Anti-Crime Package have the power to prohibit the use of informational elements in the justification of convictions? The answer is consolidated in the sense of guaranteeing greater legal certainty in the adversarial clash of the parties. In the research, the deductive approach method, the systemic procedure method and the research technique of indirect bibliographic and documentary review are used. It is concluded by the relevance of the new legal provision and by the need to reframe the entire evidentiary valuation system in the Brazilian criminal process, in order to reinforce the accusatory principle enshrined in the Federal Constitution of 1988, at the time when it is perceived as a result of the research, that the inclusion in the scope of the criminal process of the information collected in the pre-procedural phase exerts, albeit indirectly, influence on the conviction of the judge and, consequently, on his decisions, tarnishing his impartiality.