Inquérito policial: a aplicabilidade ou não dos princípios do contraditório e da ampla defesa

Abstract

The present study aims to analyze whether there should be the applicability of the right fundamental to the contradictory and full defense (art. 5, LV, CF/88) in the inquiry police, from the perspective of current Brazilian legislation, more specifically the Federal Constitution and Code of Criminal Procedure, together with the foundation in renowned scholars in the Brazilian criminal legal field. Since in the judiciary Brazilian, the police investigation has been understood by the majority of the doctrine as a merely informative preparatory piece for criminal action, the current majority argues that there is neither the need nor the possibility of applying the right to full defense and contradictory provided in the aforementioned article. Another part, minority, argues that the inquiry is an instrument that should guarantee the principles constitutional rights of the citizen, but there should be the right to contradictory