Investigação criminal e garantias fundamentais do investigado

This work is based on aspects related to criminal investigation from the point of view of fundamental guarantees in the scope of criminal investigation. The criminal investigation in Brazil, in the pre-procedural phase, as a rule, is conducted directly by the Judiciary Police. The means used by the Judiciary Police to investigate and gather evidence of a criminal offense is a preparatory procedure, called Police Inquiry. As soon as the police become aware of a crime, an investigation is launched. From the point of view of fundamental guarantees, individual rights and collective rights, it is vitally important to emphasize that the federal constitution establishes fundamental rights and guarantees individuals. It is also important to analyze constitutional rights from the moment a person is considered the perpetrator of a crime. In this sense, given the importance of the topic under discussion, it is clear that it does not revolve around the simple application of the provisions of current legislation, and should be examined in detail regarding the constitutional principles regarding the topic in question, for criminal investigation of an individual.