Garantias constitucionais do indiciado no inquérito policial: controvérsias históricas e contemporâneas

Abstract

It is looked for to know how should be interpreted the constitutional norms specifically related to fundamental rights, with the objective of verifying the possibility of incidence of the contradictory principles and of the wide defense in the policial inquiry. The method used is the descriptive–deductive, historical and compared, with the support of bibliographical research, with rising of detached publications, articles, magazines, books , monographs and dissertations on the theme, and in the documental research, with consultations to the jurisprudences and the reports of decisions of Federal Supreme Court, of the Superior Court of Justice and of the Superior Military Court. The study is structured in seven chapters: the first approaches the subject of the fundamental rights and the constitutional interpretation; the second, specifically treats of the principle of the legal process and its sub corollary principles, the contradictory and the wide defense; the third chapter, starting from a historical approach, establishes as the procedural systems are structured, in the world and in Brazil; the fourth chapter approaches the inquisitive and dispositive principles, looking for the meaning of each expression and, still, to understand that the process has to be developed in an united performance of all the subject of the process, without prejudice of the judge's impartiality due to a more active performance; the fifth chapter specifically approaches the inquiry, as instrument of the instrument- process, which consists in a warranty for the subject passive of the criminal imputation, against sped up judgments and also in a warranty for the penal justice, preventing the high cost and expenditure of the process; the sixth chapter, approaches the subject of the need of the accused's participation in the policial inquiry, identifying legislative dispositions, constitutional and infraconstitutional, that allow to identify the possibility of that participation; and finally, closes up with the seventh chapter, concluding for the incidence of the principles of the contradictory and of the wide defense already in the administrative phase of the criminal persecution, as reflection in the democratic order instituted by the New Constitution, that imposes the recognition of the participation of those directly interested people in a state provisions as factor legislator of power.