A eficácia (ou fragilidade) da prova inquisitorial no processo penal brasileiro.

Abstract

This paper analyzes the probative value of evidence produced during the inquisitorial phase of criminal prosecution, focusing on its effectiveness and weaknesses in the Brazilian criminal process. The research aimed to examine the limits of the use of evidence produced during the police investigation, especially in light of the constitutional guarantees of adversarial proceedings, full defense, and due process of law. To this end, bibliographic and documentary research was conducted, based on current legislation, criminal procedural doctrine, and the jurisprudence of the superior courts. Initially, the historical evolution of criminal prosecution, procedural systems, and the characteristics of the police investigation were addressed. Then, the main aspects related to the general theory of evidence, types of evidence, and illegally obtained evidence were analyzed. Finally, the probative value of the evidence produced in the investigative phase was examined, with emphasis on the chain of custody, testimonial evidence, and the influence of judicial adversarial proceedings in assessing the reliability of the evidence. It was concluded that the information gathered during the investigation plays a relevant role in criminal prosecution, but it has limitations due to the absence of adversarial proceedings, which is why, as a rule, it cannot solely form the basis for a criminal conviction.