Reflexão acerca do inquérito policial no sistema acusatório: o novo código de processo penal e a efetivação das garantias constitucionais do investigado

Abstract

This work, using the deductive method, analyzes the development and the range of the adversarial and inquisitory systems of criminal prosecution, evaluating the position of the police investigations (inquiries) regarding the constitutional provisions that impose the adoption of the adversarial system. Also evaluates the case law construction of the Brazilian Supreme Court and of the Superior Court of Law regarding the police inquiries in the adversarial system and, finally, presents and analyzes the forthcoming advances on the criminal investigation procedure as proposed by the Senate’s Project of Law number 156/09, which verses about the new Criminal Procedure Code. Takes as a starting point the historical development of the procedural systems, arriving at the analysis of the ruling brazilian model and of the legislative adequation proposals that are in the new Criminal Porocedure Code project.