A importância e a aplicabilidade das investigações criminais sob a ótica do estado democrático de direito

Abstract

This juridical work aims to show the essential need of the Criminal Investigation to enforce fundamental rights, in the pursuit of justice guarantees, for the sake of public safety and social peace. In this aspect, we approach divergent doctrinal issues for the same topic, issues that generate controversy because it is an exciting activity that interferes with the individual's privacy in general. The State is responsible for ensuring public order and social peace, to this end, using tools that allow taking preventive, coercive and repressive manner, in this case, in the case of criminal activities. It is in this sense that the Criminal Investigation becomes essential to that particular situation before the crime, the State can make to society, an acceptable answer unless acted arbitrarily in relation to the offender. In this essence, the main objectives of criminal investigation are aimed to achieve three dimensional purposes which are: the production of evidence, to substantiate this author's indictment of the police inquiry, to subsidize criminal invoked by the prosecutor or the victim, and Finally, the apex of the law prevailed, a form of protection of fundamental rights and democratic state.