O interrogatório no procedimento de apuração de ato infracional e sua equiparação com o processo penal: realidade ou utopia?

Abstract

The present work aimed to analyze the possibility of equivalence between the teenager’s interrogation in the procedure for investigation of the infraction act foreseen in the Child and Teenager Statute (ECA) and the interrogation carried in the criminal procedure, which, currently, is the last act of the procedural instruction. The first chapter examined the Brazilian legislation's historic evolution regarding children and teenager’s protection, since the Doctrine of Irregular Situation, enshrined in the Minors Code of 1927, until the Doctrine of Integral Protection, materialized in the Federal Constitution of 1988 and in the ECA. Furthermore, considerations were made about the procedure for investigation of the infraction act described in the current legislation and the application and execution of socio-educational measures. The second chapter analyzed the interrogation institute in criminal proceedings and its modification from the Law 11.719/2008, when it came to be understood as a means of defense. After, a survey of jurisprudence was made about the understanding of the Superior Court of Justice (STJ) and the Federal Court of Justice (STF) about the realization of the interrogation in the procedure for investigation of the infraction act as the last act of the procedural instruction, with the analysis of three Special Resources that were processed towards STJ and two habeas corpus filed in STF, selected between the period 01/01/2021 and 01/01/2023. For this purpose, the research used the inductive approach method, as well as the methods of historical, comparative and monographic procedure and the bibliographical and jurisprudential research techniques. At the end, it was concluded that the change in the interrogation order of the teenager, starting to be carried out as the last act of the procedural instruction, is a measure that meets the guarantees foreseen in the Federal Constitution, being necessary the standardization of this understanding by the Courts