O inquérito policial na sociedade complexa

• Ano de defesa: 2007
• Autor(a) principal: Miranda, Gladson Rogério de Oliveira
• Orientador(a): Lopes Junior, Aury Celso Lima
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica do Rio Grande do Sul; Porto Alegre
• Palavras-chave em Português: DIREITO PROCESSUAL PENAL; INQUÉRITO POLICIAL
• Link de acesso: http://hdl.handle.net/10923/1852

This research, after making a historical of the criminal investigation implemented by the State, demonstrates the forms in which that investigation materializes before social, economic, religious, and political characteristics in society. We began by analyzing the various social aspects, such as the presence of risks and lack of certainty, as well as the abbreviation of concepts of space and time, because of technological developments. We have inserted, thus, a preliminary investigation of the risk and acceleration dynamics, indelible marks of the contemporary society. This work also emphasizes the main characteristics and the problematic which involves precarious values adopted by society, and its negative reflections on the dealing with the criminals undergoing police investigation. We have also pointed out that technical investigation might come true as an important element to potentialize the exercising of fundamental rights, for having the virtues of substituting traditional methods of investigation, whose cornerstones have always been excessive subjectivity and stigma, providing thus, a little rationality to the State activity, over emphasizing the postulates of constitutional instruments. We sought, through technical investigation, measures to reduce the unjust harm in the penal process. The input of complexity of the various forms of criminal investigation demonstrate the importance we should give to the technical evidence to obtain factual elements of construction of a valid felonious activity. This research is perfectly inserted in the field of the program (violence), while it is the preliminary investigation the first instrument the state uses to solve a crime (violent act). It is also inserted in the line of research for it searches in the technical evidence and in the Constitution instruments to limit the punishment power, avoiding the subjective inquiry.