THE LIMITS OF JUDICIAL ACTION IN POLICE INQUIRIES

Abstract

ABSTRACT: The police inquiry is an administrative procedure of an inquisitorial nature, presided over by the police authority, aimed at ascertaining the circumstances and authorship of a criminal offense. In this context, the participation of the Judiciary must respect the limits imposed by constitutional principles, particularly the separation of powers and due process of law. Given this scenario, the present study aimed to analyze the limits of the Judiciary's involvement in the police inquiry. It was based on a literature review drawing upon scientific articles, books, journals, and current legislation regarding the subject. Data collection was conducted using databases such as SciELO and Google Scholar, among others, covering the period from 2020 to 2025. The results indicate that constitutional principles play a structural role in criminal investigations, imposing limits on the actions of criminal prosecution bodies and the Judiciary itself, particularly to preserve impartiality and the adversarial structure of criminal proceedings. It was further found that excessive judicial activism can lead to institutional imbalance, procedural nullities, evidentiary contamination, and legal uncertainty, while also undermining public trust in the justice system. Additionally, the study found that overstepping jurisdictional boundaries compromises the separation of powers and weakens the autonomy of investigations conducted by the judicial police and the Public Prosecutor's Office. The study concludes that the Judiciary's role in the police inquiry must be strictly focused on ensuring legality; the adoption of institutional restraint mechanisms—such as strengthening the adversarial system and implementing the "guarantees judge" (*juiz das garantias*)—is essential to ensure a balance between investigative efficiency, the protection of fundamental rights, and the preservation of judicial impartiality.