O inquérito policial e o princípio constitucional do contraditório

Abstract

This objective work to analyze the possibility or not of application of the beginning of the contradictory in the scope of the police inquest. For in such a way, it is essential to describe the basic rights of the democratic state; to present the main phases of the police inquest and to analyze the contradictory principle in the based police inquest in the favorable and favorable arguments. The methodology used in the study is based on a bibliographical, descriptive research, with secondary data, demonstrating the elements raised on the thematic one in question. Initially, the basic rights are boarded, as well as a description of the dignity human being. After that the concepts, description and characteristics of the police inquest are displayed, as well as its main phases. It is followed approaching the beginning of the contradictory in the police inquest, describing its application, as well as the beginning of legal defense, beyond presents a favorable argument and favorable it folds the subject in question. The majority of the doutrinadores was evidenced that, as well as of all jurisprudence if it presents against the concession of the right to counsel. The jurists justify this point of view, for consider as being an instrument of procedure administrative and which had to the fact of this citizen not to be configured as accused, but in the truth as being an inquiry object, not being able to be applied in this context the beginning of the Contradictory considered for the Law Biggest.