Valor probatório do inquérito durante as investigações criminais após as inovações da Lei 13.245/16 que alterou o estatuto de ética do advogado

Abstract

The present work has as scope, to explain about the institute of the investigation, in order to establish a conception closer to the present day, listing a brief history and highlighting its main characteristics. It also intends to indicate in a detailed way the changes that Law 13.245 / 2016 brought to the Brazilian legal system, from which it amended the Brazilian Bar and Law Statute, specifically regarding the role of the lawyer in which it happened to have this novel device, Law 13.245 / 16 during the investigations. It also intends to establish which is the role that the causic has within this inquisitive phase, so as to impact on the probative value of the inquisitive pieces collected in the pre-procedural phase. The key question that we wish to clarify in the course of this work is whether there is an effect of constitutional principles, namely the principle of contradiction and ample defense, whereas in the face of various legislative changes that criminal law and criminal procedure have suffered since entering in force up to the present day, the police inquiry needed to be adapted a few times to suit the existing model of society, while a crucial discussion recently arose in questioning whether the probative value of the police inquiry would be altered with the present innovations of law that the Brazilian legal order would have received. After a lot of study and several investigations into doctrines, legislations and scientific articles, it was possible to conclude that at present the police investigation does not have the incidence of the principle of adversary and the ample defense, moment that this procedure is only informative and in no an accusation is imputed to someone.