A (in) prescindibilidade do inquérito policial para a ação penal no estado democrático de direito: uma análise entre a doutrina clássica e moderna.

Abstract

In view of the constant inferiorization of the police inquiry made by national doctrine widely disseminated, research is conducted on the (in) dispensability of the investigative part for criminal prosecution, in the light of the teachings of traditional dogmatics in contrast to what modern doctrine sustains, in order to ascertain whether, in fact, the police inquiry is so insignificant in the Brazilian legal system. To this end, the main events that culminated in the origin of today's detective fiction are reviewed, as well as the influence of the medieval inquisition and how it came to be in Brazil. Next, we will analyze the concepts, characteristics and alleged defects of the police inquiry attributed by the classical doctrine that repeatedly attributes to the inquiry an inquisitorial nature, the function of a mere collector of sufficient evidence capable of subsidizing the proposition of an eventual criminal action, and therefore, dispensable, since it is only an instrument that is at the service of the prosecution, hence its unilateral nature. Alongside such considerations, a counterpoint is made to what modern doctrine sustains, through the presentation of the inconsistencies of the classic dogma, which is no longer sustained through the detained and in-depth examination of the investigative piece that continues to erroneously conceptualize it in an uncritical manner, without the due updating and reinterpretation in light of the constitutional imperatives. It is performed, then, a descriptive research, because it explains and critically analyzes the divergent opinions about the stigmas that orbit around the police inquiry, its importance and use in the procedural scope, being the bibliographic research the procedure used for data collection through consultations with books of the Brazilian Criminal Procedural Law, both physical and virtual, as well as articles, monographs, master's dissertations collected from Google Scholar platform and legal journals consolidated with prestige in academia, approaching qualitatively because it aims to relate the data collected for the interpretation of the problem explored in this research. In view of this, it was possible to understand the reasons why the classic doctrine still sustains the prescindibility and inquisitoriality of the police inquiry, considering that it is the progenitor of the medieval inquisitorial system, an understanding that was made through the explanation of its historical origin in the opening chapter. Keywords: Police inquiry. Dispensability. Doctrine. Classical. Modern.