Fishing expedition na fase pré-processual: uma análise dos casos de violação de direitos fundamentais e do princípio da dignidade da pessoa humana.

Abstract

This paper analyzes the concept of fishing expedition within the scope of Brazilian criminal and constitutional procedural law, investigating its implications in the pre-trial phase. The police investigation, as the main instrument of state investigation, aims to gather evidence of authorship and criminal materiality, with search and seizure being one of the most widely used means of obtaining evidence. However, its implementation must respect the legal limits in order to be considered a valid and legitimate diligence. Given this context, the study proposes the following question: in what way can the practice of fishing expedition violate fundamental rights and the principle of human dignity? To answer this problem, an exploratory approach was adopted, based on bibliographic and documentary research. Current legislation in Brazil, case law decisions and doctrinal productions on the subject were analyzed, aiming to understand the impacts of this practice on the national legal system. The results obtained demonstrate that fishing expedition, characterized by the indiscriminate search for evidence without just cause or concrete evidence, compromises legal certainty and can lead to abuses in state action. The lack of objective criteria in conducting pre-trial investigations favors the violation of individual rights and guarantees, such as the right to privacy, intimacy and due process. In addition, this practice violates fundamental principles of criminal proceedings, especially human dignity, by exposing individuals to illegitimate constraints and arbitrary actions. The research highlights the need for greater transparency and control in the pre-trial phase, in order to avoid excessively broad and disproportionate investigations. It is therefore concluded that the adoption of strict criteria for authorizing and conducting investigative procedures is essential for the preservation of the Democratic Rule of Law. The research contributes to the legal debate by highlighting the risks of fishing expeditions and the need to improve legal mechanisms to prevent practices that violate fundamental rights and the principle of human dignity.