MEDEIROS FILHO, R. R.; http://lattes.cnpq.br/1500248575764473; MEDEIROS FILHO, Renato Romero de.
Abstract:
This work addresses the concept and historical evolution of criminal investigation,
specifically focusing on the Brazilian investigative tool, the police inquiry (inquérito
policial). It also discusses the Principles of Due Process of Law, Adversarial System,
Right to a Fair Trial, and Equality of Arms, aiming to explore them within the Brazilian
legal framework. The study also sought to analyze the concept of defensive criminal
investigation and its use in foreign legislations, as well as its application in Brazilian
law, by examining Provision 188/2018 of the Federal Council of the Brazilian Bar
Association (OAB), which regulates the exercise of the lawyer's professional
prerogative when conducting investigative proceedings to support administrative and
judicial procedures, known as defensive criminal investigation. In terms of
methodology, this research constitutes an exploratory study using a deductive
approach, analytical procedure method, complemented by a historical-evolutionary
perspective, and indirect bibliographical and documentary techniques. The study
aimed to analyze the existence of the Adversarial System and Right to a Fair Trial in
criminal investigation and criminal proceedings, exploring the possibility and
appropriateness of the defensive criminal investigation instrument in the Brazilian legal
system. This instrument was introduced to mitigate the imbalance of power during the
investigative phase, assessing its constitutionality under the Federal Constitution and
its applicability in Brazilian law. Thus, it was revealed that, even to a limited extent, the
right to defense exists during the police inquiry phase. It was also found that Provision
188/2018 of the Federal Council of the OAB is constitutionally supported and can and
should be implemented in Brazil as a means to balance justice and equity within the
Brazilian legal system.