Valor probatório do inquérito policial e seu papel nas decisões de pronúncia.

Abstract

The police investigation is an administrative procedure coordinated by the police chief who works to collect sufficient elements to identify the authorship and materiality of a crime and thus give the parquet strength to propose criminal action. This procedure, even if preliminary and with a reduced evidentiary burden, is responsible for influencing many decisions during the process, especially with regard to pronouncement decisions. The majority doctrine chooses not to give the Inquiry probative force, except for unrepeatable, precautionary and anticipated evidence. Therefore, for this work to be developed, documentary and bibliographical research was carried out in order to cross-reference the thoughts of different authors to define the real evidentiary value of the Police Inquiry, especially in pronouncement decisions for the Superior Courts. In most of the judgments, the higher courts understand that judges must adhere to the provisions of the Code of Criminal Procedure by not attributing probative value to the elements of information collected during the preliminary phase, with exception to unrepeatable, precautionary and anticipated evidence, which have the same value as those built during the process. With this, we observe the importance and need for the Brazilian legal system to have an instrument that works as an initial filter to provide the judiciary with cases that have signs of authorship and materiality.