Police Investigation: The Identity Crisis of the Police Investigation in the Face of Democratic Demands.

• Main Author: Waldir Miguel dos Santos Júnior
• Format: Article
• Language: Portuguese
• Published: Conselho Nacional de Pesquisa e Pós-graduação em Direito (CONPEDI) 2015-12-01
• Series: Revista de Direito Penal, Processo Penal e Constituição
• Subjects: Inquérito policial; Crise; Exigências democráticas
• Online Access: http://www.indexlaw.org/index.php/direitopenal/article/view/591

This work aims to identify the importance of police investigation to the democratic rule of law, from revisiting the origins of the police investigation work will seek to demonstrate that research can and should extricate the inquisitorial logic enshrined in the Brazilian criminal proceedings under the influence of European law. From there, the work tries to demonstrate the requirements of democratic rule of law research. Therefore, the adversarial system will be analyzed, to comply with the democratic demands. Is emphasizing as fundamental rights guarantee the work will seek to demonstrate the incompatibility of research based exclusively on the inquisitorial tradition and the building of a democratic criminal proceedings, since such a perspective was the result of a whole inquisitive heritage and Brazil is marked by characteristic of paradigm of the welfare state and / or Police therefore contrary to the tenets of democratic rule of law.