The Brazilian criminal investigation: mistakes and necessary changes
Police investigations take place without rules that guarantee the right of defense. However, the evidence gathered in the investigation inevitably influences future criminal action. As a result, problems occur during the investigative process, which lead to power imbalances between the prosecution a...
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2020-06-01
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| Series: | Revista Brasileira de Direito Processual Penal |
| Subjects: | |
| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/335 |
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| Summary: | Police investigations take place without rules that guarantee the right of defense. However, the evidence gathered in the investigation inevitably influences future criminal action. As a result, problems occur during the investigative process, which lead to power imbalances between the prosecution and the defense. What’s more, police investigations are gaining more importance than the criminal action itself inasmuch as they do not obey time limits. In addition, these investigations become excessively complex and tend toward abusive practices and entangled police operations, that not only serve the prosecution exclusively, but also influence the future of the criminal action. If regulatory measures are delayed and the legislative branch does not move ahead with changes to the legal framework, the judicial system should adopt practices to curb the imbalance between the prosecution and the defense that results from flawed investigations, which are not in line with the criminal system or with the Brazilian Federal Constitution. This study suggests possible solutions to address this problem. |
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| ISSN: | 2525-510X |