Os poderes instrutórios do juiz penal à luz da constituição federal e das normas infraconstitucionais

Abstract

The study of emergence and structuring of traditional systems of criminal over time makes us realize the scope of what constitutes the essence of each system, being the separation of powers, or functions, of accuse, defend and judge considered the key feature of the adversarial system. Such system has achieved the highest proportions in the Brazilian legal system and it’s defended by those who seek, above all, protect the rights and guarantees under criminal. However factors such as the spread of crime and the sense of impunity that pervades the collective consciousness encourage large portion of society to claim a more active posture of the criminal judge. On this perspective, arises the need of analysis and delimitation of powers of investigation as a judge, in the course of criminal proceedings, and check their compatibility with the procedural system adopted, examining, also, if his wide freedom of action respects and safeguards the primordial rights and guarantees hard won by the Brazilian people.