A investigação defensiva e a paridade de armas entre as partes no processo penal com base no provimento 188/2018 da OAB.

Abstract

The research in question has as main objective to analyze and understand the great achievement of lawyers in Criminal Law: the possibility of defensive investigation and the parity of setting, according to Provision 188/2018 of the Federal Council of the Ordem dos Advogados do Brasil (OAB). Faced with today's inquisitive procedure, that is, the police investigation, such innovation instituted by the Federal Council of the OAB promotes to money operators a fundamental role in terms of a defensive criminal investigation, entailing several possibilities of defense, use of tools in various possible ways, such as expertise, search for evidence, internet, therefore, in summary, various means for the instruction of the defense. However, some questions arise when looking at the minutiae of this institute. The need for regulation against the Code of Criminal Procedure, for example, is one of the most necessary premises for the defensive investigation activity to be implemented within the scope of the Brazilian legal system. Therefore, this study demonstrates the dilemma that was the provision of the Order and its lawyers.

Keywords: Defensive investigation. Code of criminal procedure. OAB. Provision.