Banca de QUALIFICAÇÃO: ALEXANDRE CESAR DOS SANTOS

Uma banca de QUALIFICAÇÃO de MESTRADO foi cadastrada pelo programa.
STUDENT : ALEXANDRE CESAR DOS SANTOS
DATE: 06/07/2021
TIME: 20:00
LOCAL: FDA
TITLE:

Criminal defensive investigation: Fundamental right for proof production

KEY WORDS:

Criminal investigation. Police Inquiry. Weapon parity. Proof. Fair Process.

PAGES: 168
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUBÁREA: Direito Público
SPECIALTY: Direito Processual Penal
SUMMARY:

This dissertation addresses the subject of defensive criminal investigation as a right at the  disposal of the technical defense for the direct production of evidence in the course of  criminal prosecution for a model of fair criminal proceedings. Based on this premise, in order  to contextualize the theme, research permeates the study of the legal norm, between rules and  principles, with the purpose of removing the principle of parity of arms in criminal  proceedings, starting with art.5, §2 of the Constitution Federal, which is a constitutional  opening clause rule. The study highlights the contradictory and the broad defense in the  police inquiry, with the proposals of contrary and favorable authors, in a doctrinal analysis.  The research uses the Theory of Penal Guarantee which supports, among its axioms, the right  to proof, which constitutes the fundamental right of the accused, which is the objective of the  defensive criminal investigation. On the other hand, the expansive and punitive criminal  policy of criminal law has suppressed the constitutional and procedural penalties of the  accused to give the false impression of speed and efficiency, as a response to the criminal  prosecution system, which degenerates the basic principles of modern criminal law. . The  research methodology used in the study is bibliographic and documentary that deal with the  topic, as well as a field research with lawyers from Alagoas who are active in the criminal  field. The study also presents a dogmatic, theoretical and practical overview of the evidence  in criminal proceedings. In addition, it makes a brief study in the North American and Italian  legal systems on defensive criminal investigation. The study presents the limiting aspects and  the possibilities for carrying out defensive criminal investigation and its reflexes in criminal  prosecution, as well as exposing doctrinal criticisms to the validity of the evidence produced  directly by the defense. In this perspective, the research seeks to demonstrate that there is a  need for legislative changes in the legal system to carry out defensive criminal investigation,  as a criminal policy measure, with the purpose of being an essential tool to the right of  defense, which will guarantee the fundamental right to proof at par of arms. 

BANKING MEMBERS:
Presidente - 2279377 - HUGO LEONARDO RODRIGUES SANTOS
Interno - 1352111 - ROSMAR ANTONNI RODRIGUES CAVALCANTI DE ALENCAR