A Abrangência da Garantia Constitucional da Amplitude de Defesa e a sua Efetiva Aplicação Prática Durante os Plantões Policiais

uma Reflexão Necessária

Abstract

As soon as a crime has been committed, the accusatory procedure is instituted. It is power-duty of the State, in an exclusive way, to collect all the elements that serve to prove the occurrence of the fact and, also, the circumstantial evidence of its author. This is necessary to ensure, in a second stage, the due process to condemn the criminally responsible, keeping the maintenance of a peaceful society. The criminal investigation is the main instrument for police inquest, and with regard to the latter, which is managed exclusively by the judicial police in Brazil, however, there are doubts of its effectiveness compliance with the constitutional guarantee of the legal defense. Considering that the vast majority of police inquiries are initiated by the "flagrante delicto" arrest, which are ratified by the chief of police on duty, so off the record of forensic expedient, giving reasons to question if this constitutional principle is sincerely attended. In this context, this work aims to analyze the role of public defenders' presence at the police station as a guarantee of legal defense for those subjected to the police action.