LEI 13.245/2016: Protagonismo do Advogado no Inquérito Policial

Abstract

The police investigation is one of the phases of criminal prosecution, in which informative and evidential elements are collected, except for the purpose of subsidizing a suspicion that the public prosecutor needs to take in order to hold a public action. In this research, we intend to highlight the importance of the police investigation for criminal prosecution, and also for the democratic state, and clarify that its main function is to serve as a sieve so that it does not have unnecessary processes, respecting human dignity. The police inquiry is an instrument of the State for the application of the punitive law, with the objective of obtaining information about the author and the importance of the criminal facts, so as to provide elements for the holder of the criminal act to provide. As guardian of the Federal Constitution, the Federal Supreme Court issued Precedent No. 14, which referred to the interests of the defendant and the defender has the right to obtain the evidence recorded in the investigation process. The Superior Court of Justice in habeas corpus also manifested itself stating that the suspect has a fundamental right to be assisted by a lawyer. After the approval of Law 13245 of January 12, 2016, there were changes in article 7 of Law No. 8.906, of July 4, 1994, the Statute of Law and Bar Association of Brazil, some provisions were changed, guaranteeing the right of the lawyer to the assistance of its client during the investigation of the infractions, under penalty of absolute invalidity of all the elements of investigation arising therefrom or derived from them. This change allows to reduce to some extent the arbitrariness of public agents, either to inhibit torture for the collection of materials or information, or even to prevent clients from having access to incompletely delivered records, or even to restrict access to the competent authorities, making it difficult to defense of its clients undergoing this procedure.