A investigação defensiva e a efetividade do princípio da paridade de armas no processo penal

Abstract

The research aims to analyze the institute of defensive investigation in the Brazilian panorama, which is a subject that has not been examined yet. In this way, the aim is to conceptualize criminal defensive investigation, under the prism of guarantee and efficiency, as well as the regulation of the matter in Brazil, basing it on the search for weapons parity, consequently, it seeks to reduce the “disparity of arms” between the investigative possibility of the prosecuting body and the technical defense. In addition to that, the aim is to discuss the origin of the problem, as well as to construct an analysis of its conceptualization and application, to reveal the technical or material vulnerability through defensive investigation. reasoning to anyone who can induce certain facts. In addition, the theme aims to expand the Magistrate's cognitive field, which will have a greater amount of information to support the decision, that is, what is sought is the balance between the parts in the criminal process. Therefore, this text seeks to develop the theme, from an analysis of comparative law, however, it is necessary to apply such lessons to the local and current context, preventing mimicry from corrupting foreign institutes in Brazilian law. In addition, the methodology used in the research was qualitative, mainly, in view of the transdisciplinary examination, therefore, the verification of the result was based on theoretical research of an explanatory and documentary nature, even if the deductive method was used, due to the research departing general principles for a specific case.