Eficiência e respeito a direitos fundamentais na atividade investigativa : um discurso possível : pela criação de axiomas que limitem a atuação estatal na busca de uma investigação criminal garantista

Abstract

The distance between how much normalized in the legal order and what, in fact, is materialized by the apparatus of Brazilian criminal prosecution is a serious problem to be faced. It is necessary to delimit the activity of criminal investigation, with the aim, at the same time, to ensure efficiency in the elucidation of alleged criminal acts and the observance of the rights of Brazilian citizens, removing the false idea that respect for the rights of the target of the system of criminal prosecution means impetus to impunity. Such a situation will be faced with the creation of axioms, true filters for state action during the police investigation, that allow the correct collection of evidence, capable of triggering a process free of wrongdoing. In this way, the investigation that intends to strictly follow what is outlined by the Federal Constitution and the regulative legislation must be created by law, must be presided over by impartial, impartial and disinterested authority, can only be triggered with just cause freedom, to the detriment of incarceration), must be collected and based on lawful evidence, should only admit mitigation of individual rights if it proves effective necessity, must have a strictly investigative purpose (should not serve unambiguous objectives) and should guarantee minimum internal advertising (investigated / indicted science) and external (right to information society).