Investigação criminal defensiva no Brasil: o desafio da paridade de armas

Abstract

This article is based on bibliographical research on Brazilian legislation regarding defensive criminal investigation and parity of weapons in police investigations. Using a critical perspective, we seek to go beyond what is apparent by analyzing the intimate determinations of the State's desire for punitive power, developed through its police apparatus; understand the social, economic, political, cultural and environmental motivations of interconnected aspects; problematize the legality of defensive criminal investigation and the parity of weapons in the police investigation, in addition to investigating the existence of a tension in the Brazilian criminal persecutory model, driven by the desire for jus puniendi to provide effective and rapid protection and the fundamental and procedural guarantees of accused. Furthermore, it is intended to demonstrate the importance of defensive criminal investigation as a fundamental right to the production of evidence in the police investigation, linked to the application of the principles of parity of arms, broad defense and contradictory, using the dialectical method.