O inquérito policial brasileiro diante da investigação criminal peruana
No Thumbnail Available
Date
2021-06-16
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Inquérito policial, Investigación preparatória, Peru, Brazilian police investigation, Investigación preparatoria