Os limites do princípio do contraditório no inquérito policial e o direito de acesso a dados sigilosos de coinvestigado

Abstract

The present work argues the delimitation of the incidence of the contradictory in the police inquest and the possibility to authorize the access to confidential information concerning the co-investigated. First, the subject receives a constitutional approach, taking into consideration the devices of the Law Biggest that assure the right to the contradictory and the right to the confidentiality, which are also presented under the criminal procedural prism. After that, this work proceeds to a detailed analysis from the police inquest, specifically in what it refers to the legal nature and the characteristics that distinguish it, beyond the circumstances that lead to the confidentiality of the investigated. Finally, there is an analysis of the limits of the contradictory in police inquests, standing out itself that the solution of this subject is found on the basis of the application of the principle of the proportionality, by means of a measure of balance enter the values in conflict. In this context, predominate the effectiveness of the preliminary inquiry and the privacy of the co-investigated whose data were brought into the files of legal documents.