O inquérito policial brasileiro diante da investigação criminal peruana

Abstract

The Brazilian police investigation is the pre-procedural administrative procedure conducted by the Judiciary Police used to seek elements of authorship and criminal materiality, so that the authority in charge of exercising the criminal action forms its opinio delicti. However, the institute has been the target of doctrinal criticism due to the results obtained by the praxis to the point that some authors define that the police investigation is in crisis, in view of this, different investigative models have been studied. The general objective of this work was to discuss the suitability of the Peruvian criminal investigation to the Brazilian accusatorial system in face of the crisis attributed to the police investigation conducted in terrae brasilis. The definition of preliminary criminal investigation was approached, as well as the modalities of preliminary investigation, then the nature of the police investigation was addressed - from the beginning to the end of the procedure, along with its deadlines - to then distinguish the criminal procedural systems (inquisitorial, accusatorial and mixed), presenting the criminal investigation carried out in the Peruvian criminal procedure - of its initiation, unfolding, deadlines and termination - addressing, finally, the adequacy of the Investigación preparatoria to the Brazilian accusatorial system. The results of the research show that the Peruvian preparatory investigation best suits the Brazilian accusatorial system in a scenario of crisis in the police investigation. The pre- procedural investigation conducted by the Brazilian Judiciary Police offers a less protective scope both for those who figure as the investigated and for the process.