A valoração da prova penal produzida na fase policial.

Abstract

This work aims to clear up the Institute of Police Inquiry and the Proofs produced in the juridical phase, giving emphasis to the analysis of the applicability, efficacy and efficiency of the Police Inquiry as proof. Therefore, it was adopted as an efficacious method to the research, the exegetical-juridical whose purpose is translated in the research of providing sources of data related to the theme, such as doctrines, codes, articles and internet, bringing since historical reports and basic concepts. The problematic is found in the difficulty of determining the probatory value of the police inquiry, since this still possesses vestiges of the inquisitive phase, and the brazilian penal process adopts the accusatory system. This research is justified by the importance of the preliminary procedure, achieved in the inquiring phase, since it can avoid that an innocent be processed, as well as it can collect proofs that can only produced in this phase, as in the exam of the basis of the existence and of the theories of the probatory value of Police Inquiry. Carried through the confrontation between the theories, the one has prevailed that elenca the Police Inquiry prossessing relative value as criminal test, therefore some perícias, such as the examination of body of the offense, the skill in the place of the crime, amongst others, if exaurem in the time and have that to be carried through soon in the police phase.