Teoria geral das nulidades: uma análise de sua aplicabilidade na fase pré-processual penal

Abstract

The present work has the objective of discussing the possibility or not of applying the nullities to the criminal pre-procedural phase, for which a possible contamination of the acts practiced, in disagreement with the law, will be analyzed in a preliminary investigation, and if the same have the potential to contaminate the criminal action. Firstly, a study will be carried out on the general theory of nullities, in order to seek a satisfactory answer as to the legal nature of the same, and also to establish a critical analysis regarding the phenomenon of inquisitorial amorphism, which permeates procedural practice Brazilian After such considerations, the preliminary investigation as genus, and its main species in Brazil, will be studied, taking into account its characteristics and the historical context in which it was instituted. In this bias, it also intends to measure the probative value that the investigation acquired before the forensic practice, critically, and taking into account Article 155 of the Code of Criminal Procedure, in order to demonstrate the consequences and possible solutions to the probative transcendence of the acts practiced in the pre-criminal proceedings.