Inquérito Policial: peça informativa preparatória ou instrumento de garantia de direitos

Abstract

The purpose of this paper is to demonstrate the importance of police investigation in the State’s criminal prosecution process. The State is the holder of the right to punish. The right to punish - criminal prosecution - is done abstractly when legally protected assets are chosen and placed in laws. Criminal prosecution occurs when the case goes to trial, after the commission of a criminal offense, and the accused is tried based on the facts. The prosecution will be conducted in two phases: an investigative pre-trial and judicial proceedings. The investigative phase will be carried out by the Judicial Police. The police investigative process is the instrument used by the police to formalize the investigation. This procedure will serve as a preparatory part of the prosecution and will preserve the guarantees and rights of the citizens. In addition, the police investigation will serve as a means to eliminate improper trials, which damage the image and dignity of the citizen. Therefore, the police investigative process in the State is very important to the study of the right to punish. The correct application of the rules, respect for due process, and observance of the rights and fundamental guarantees will ensure that the material elements of the democratic rule of law are met.