THE POLICE INQUIRY IN DISAGREEMENT WITH THE PRINCIPLE OF DISPENSABILITY

Abstract

The police investigation, a traditional Brazilian instrument, present for more than a century, is not the one that is based on our legal system due to its brilliant particularity: being an object that guarantees the legal protection of citizens. This article deals with the study of the police investigation, with a special point on its indispensability, as well as its importance for the moment of greater performance of a democratic criminal process, aiming to show that this normative instrument is essential for the initiation of the process. Currently, the police investigation is classified as a mere informative instrument, which preserves a relative evidentiary value, being a dispensable instrument for reporting. Furthermore, there is a position of contemporary doctrine that defends the indispensability of this instrument, since it is a guarantor and ensurer of guarantees and fundamental rights for citizens, it is also a creator of elements of evidence and information. The purpose of this article is to enhance the importance of this phase carried out by the judicial police.