A investigação policial e a Lei 13.245/16 : uma análise de sua aplicabilidade sob a perspectiva garantista

Abstract

The main objective of this work is to show how the adversarial and broad defense principles are interpreted and effectively applied in criminal proceedings, more specifically in police investigations. As shown in article 5, LV of the Federal Constitution, during the pre-procedural phase of the police investigation, an investigative phase was observed, analyzing and investigating the authorship of the fact. The advent of Federal Law 13,245/16, which modified article 7 of the OAB Statute, brings an analysis of its implications, especially referring to the modification in the pre-procedural phase, seeking a proposal for constitutionalizing for the institute of the police investigation, ensuring even more the indicted for their minimum guarantees already at this stage. As a result of this investigative phase, which is very important for elucidating the facts, the lawyer is brought up as a guarantor of rights on behalf of the respondente. Thus, we seek to understand the limits of the application of these rights at this stage, what the current doctrine says and how this law changed the practice of investigation.