THE APPLICATION OF BROAD DEFENSE AND CONTRADICTORY IN THE POLICE INQUIRY

Abstract

This work discusses the applicability of the principles of contradictory and broad defense during police investigations, knowing that at this stage such principles are not fully applied, but also cannot be suppressed completely, under penalty of or causing the exacerbated delay in the investigated phase, or depriving the person under investigation of fundamental rights, causing irreparable damage to their honor and image. It seeks, through it, to analyze the legislation and doctrinal understandings on the topic, paying attention to the fact that the complexity of this topic usually means that it is analyzed, case by case, and is only guided by general guidelines. To this end, the historical and social context of investigative processes in Brazil was analyzed and the blemishes that can be caused to the person being investigated by the institution of investigations in a frivolous manner, especially in the digital era, with the advent of social networks. It was observed that an explanation on the topic is necessary, given the damage that the total suppression of these principles can cause to the person being investigated and the complexity of the topic, since despite having to be applied, such principles must be expressed in a restricted manner. in the studied phase. For the study, bibliographical research was used, through analysis of the corresponding legislation and literature. It is expected, therefore, to assess the optimized level at which such principles can be applied in the investigation phase and the damage that may be caused to those investigated, if they are completely suppressed.