A “fishing expedition” frente a (in) eficácia do garantismo penal

Abstract

This study aims to analyze how the illegal practice of the 'fishing expedition' is received from a speculative criminal investigation, without a certain or determined object. For that, it must be understood that, such act launches from a network of special investigative measures to gather “something”. Most of the time, the so-called 'fishing nets' are intended to catch any undetermined evidence with a view to subsidizing any accusation or accusation, with the aim of building a punitive model that Brazil has been trying to untie for some time. In this way, it not only makes the process vitiated as well as illegal. It should be understood that this practice is not accepted in the Brazilian legal system precisely because it violates the basic principles of criminal procedure. Therefore, taking advantage of social weaknesses. Such subversion takes place, many times, by destroying the basic rights of citizens by treating them as enemies of society, thus giving “permission” so that atrocities in the constitution can be committed. Therefore, this research is qualitative, having the deductive method of approach, because it seeks to understand the general context of the illegal practice often used in investigations and operations, called "Fishing Expedition" or "Evidence Fishing by Dragging". Furthermore, to understand how the Criminal Procedure and its extension, the Penal Guaranty, are degraded, when shocked with such illegality, this research uses the method of historical and comparative procedure, as there will be a basis in the entire historical context, as well as a comparison with operations and frustrated attempts to deceive the Criminal Procedure through this practice.