O interrogatório no código de processo penal sob a luz da lei n° 11.719/2008 e sua aplicação ao processo penal militar

Abstract

This study aims to analyze, first of all, the interrogation in the Penal Procedure Code after the changes brought by Law n. 11.719/08, that has altered the moment of the realization of the interrogation, which before the change was the first act of the criminal procedure, and now it is the last one. Actually, this has occurred as a result of the 1988 Federal Constitution’s principles, that aim to guarantee the due process of law, by tutoring in a more benefic way the accused’ s defense. In order to lead to the main theme of this study, preliminary it is necessary to explore the theorist base of the interrogation institute in the Brazilian doctrine, focusing on its characteristics and juridical nature. Moreover, the work will continue by making a brief incursion on Military Law, developing the reasons for its individual existence, apart from the other Justice branches, which still justifies its existence for more than 200 years. Therefore, that is a genuinely Brazilian’s option – it’s not usual in the other countries having a Justice to judge only military causes, and this option has considered the peculiarities of the Armed Forces, with their own principles and values, as hierarchy and discipline. Afterwards, it will be exposed the current Military Justice’s competence and organization. At last, the reasons brought by the Brazilian Military Court will be analyzed, which let to edit guiding decisions not applying the interrogation’s inversion on the military criminal procedure, offending the accused’s defense, in opposition to the Brazilian Constitutional Court’s decisions. All things considered, proved is the theme’s importance, once it causes a juridical insecurity inside the Brazilian’s legal system.