Análise Sobre A Investigação Defensiva No Ordenamento Jurídico Brasileiro

Abstract

The purpose of this research was to analyze the institutionalization of the defensive investigation in the Brazilian legal system through Administrative Rule no. 188/2018. In order to do so, the study focused mainly on the principles and guarantees of criminal procedure, with emphasis on the performance of the Judiciary Police, the Public Prosecutor's Office, and the defense in the context of criminal prosecution. Initially, it was sought to delimit the role of each part, subject of the procedural relationship and, subsequently, to identify in the current legislation all the principles and rules that serve as a basis and give legitimacy to the defensive investigation. In methodological terms, theoretical research was performed, based on the teachings of Constitutional Law, Criminal Law and Criminal Procedural Law, in which the qualitative research was used, having as source the specialized doctrine, scientific papers, the incident legislation and the jurisprudence about the matter. At the end, it was understood by the existence of sufficient legislative elements to allow the defensive investigation within the limits of the reserve of jurisdiction, demonstrating the need for specific regulation by law in order to ensure, in its entirety, the principle of broad defense.