O contraditório na investigação criminal preliminar como garantia de um processo penal constitucional

Abstract

Preliminary investigation is a fundamental tool for responsible criminal prosecution by the State. However, due to its inquisitorial and dispensable character, its exercise has always been rejected the application of the adversarial principle and legal defense. Meanwhile, a new constitutional context, based on the Democratic State of Law, brought another perspective to the criminal process, and naturally sparked a discussion about the insertion of fundamental rights and guarantees in the investigative phase, which should also be subject to the accusatory system corresponding. This work aimed to demonstrate the essentiality of the presence of the adversarial principle in the investigation, and analyze the tendency to expand this, as is the case of law 13.245/2016. The study was developed based on a jurisprudential and bibliographical research, including books, scientific articles from the internet, and the national legislation related to the subject.