A total impossibilidade de utilização dos elementos informativos do inquérito policial para fundamentar sentença penal condenatória.

Abstract

The present work is resulted of a study about the use of the inquiry policeman’s informative elements to base sentences condemnatory, since such penal elements are corroborated by other judicial proofs. For so much, we researched the penal procedural system adopted by the Federal Constitution of 1988 and the applicable constitutional beginnings to the penal process related to the study object, making a critical analysis of the determination in the article 155 of the Code of effective Penal Process, above all, in the part in that allows the use of the informative elements of the inquiry policeman’s for the base of sentences condemnatory, since such penal elements are not used with exclusiveness. Out accomplished research of jurisprudence of the superior tribunals in what refers to the application of the device legal study object and, at the end, it was ended that the use of the inquiry policeman’s informative elements to form the conviction of the judge and to base condemnatory penal sentences, although corroborated by other existent proof elements in the lawsuit, it offends the fundamental right to the contradictory and the wide defense, besides characterizing insult to the accusatory system an the beginning dubious in for reo.