Condução coercitiva no inquérito policial: um conflito entre os direitos e garantias fundamentais do indiciado e a preservação da ordem pública

• Autor(a) principal: Souza, Arthur Duarte de
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5868
• topic: Inquérito policial; Direitos fundamentais; Ordem pública

abstract This research aims to analyze the effectiveness of the bench warrant and also the conflict of the protection of the defendant fundamental rights and guarantees in the Federal Constitution, and the preservation of the public policy. Therefore the reseach was acomplished through deductive method in a deep descriptive level, qualitative approach with proceed of bibliographic data collect. At this research the following aspects were analyzed: the knowledge about the public, policy, the individual rights of the defendant and its reflex at the society, the understanding of the fitting, the effectiveness, the bench warrant and the competent authority to determine the actions from the principles that surround the existence of the conflict between the fundamental rights of the defendant and the maintenance of the public policy. The results were categorized to the knowledge, work of the competent authority to determine the action of the bench warrant in the police investigation. The analysis of the results indicates that violates the fundamental rights of the freedom, the right of the silence, the right to not produce prove against yourself, the principle of the presumption of innocence and in the way alike to the fundamentals of the ADPF 395 e 444. It also showed that the action totally loses its effectiveness to bring a defendant so only he can confirm his personal data and move the state sources in an unnecessary way as nothing will contribute to the criminal persecution. This research also shows that the bench warrant normally is used so the defendant or the person being investigated can make it clear statements about the criminal fact. Although, the right of the silence allows the defendant to not manifest about the facts that are put on him which are considered as merit facts, allowing him to manifest only to confirm his datas of qualification. During the research process it also could be verified the lack of information and bibliographies available to the studies.