Constitucionalização da investigação preliminar

Abstract

The present study aims at a summary analysis of the pre-procedural phase of the Brazilian criminal prosecution, the preliminary investigation, from the Constitutional perspective, in order to demonstrate that some remnants of its inquisitorial character, governed by regulations prior to the Federal Constitution currently in force, do not are in line with the precepts of the Democratic State of Law. Considering the guarantees and fundamental rights enshrined in the higher norm, as well as, and in particular, the adoption of the Accusatory System, it is evident that the legislation concerning the subject was not received, demanding the need for, remaining the legislative inertia, a dogmatic reconstruction and hermeneutic direction of the matter, aiming at the full constitutionalization of criminal prosecution.