LEI 13.245/2016 E INQUÉRITO POLICIAL: prerrogativa de função do advogado e manutenção da desigualdade material na fase inquisitorial

Abstract

The objective of this work was to analyze the legal changes arising from Law 13.245/2016, its characteristics and peculiarities. We tried to demonstrate its impacts on the police investigation, especially with regard to the lawyer's prerogative of monitoring more effectively the course of the investigative phase and the relationship of these changes with material inequality, which is so evident in this procedure. A detailed analysis of the considerations of the enactment of Law 13245/16, it can be seen that the issue of access to the investigation by the lawyer, the confidentiality of the investigation and the nullity of evidentiary acts was innovated. It was evident that the changes brought only hang in the Statute of the Brazilian Bar Association, not extending to the Code of Criminal Procedure and thus serving only those investigated who have the financial conditions to constitute their defense, who are a minority in the list of investigated in the Brazil. It should be noted that the old inquisitorial process will not undergo significant changes, nor has it ceased to be inquisitive, since, in this case, there are no effective contradictory and broad defense principles. Thus, it continues to reproduce the same material inequality always evidenced prior to Law 13.245/2016.