Compreender a investigação defensiva é um ato fundamental para aqueles que atuam em áreas do Direito. É importante entender o conceito e todas as diretrizes deste instituto, seus objetivos e suas espécies, assim como as prerrogativas do advogado nesse tipo de investigação.
Pensando nisso, separamos as principais informações sobre essa modalidade, para que você entenda as questões em torno da investigação defensiva e como ela se relaciona com o serviço de detetive particular.
Sendo assim, caso seja necessário, você saberá onde encontrar uma agência de detetive particular em Campo Grande MS, ou que atenda qualquer outra localidade brasileira. Ficou curioso? É só prosseguir com a leitura do texto. Confira!
O que é a investigação defensiva?
Com o Provimento n° 188 de 2018, registrado pelo Conselho Nacional da Ordem dos Advogados do Brasil, foi regulamentado o exercício da prerrogativa profissional do advogado na realização de ações investigatórias para instrução em procedimentos administrativos e judiciais. Ou seja, a investigação defensiva.
A investigação defensiva se refere às atividades de natureza investigatória que podem ser realizadas por um advogado, com auxílio de consultor técnico ou outros profissionais habilitados por lei. Ela pode ocorrer em qualquer fase da persecução penal, procedimento ou grau de jurisdição, sendo que o intuito dessa atividade é obter provas que venham a inocentar ou atenuar a pena do cliente.
Apesar desse tipo de investigação já ser comum em outros países há anos, como nos Estados Unidos e na Itália, no Brasil, a discussão acerca desse tema só ganhou destaque em 2015, quando o STF (Supremo Tribunal Federal) reconheceu o direito do Ministério Público de empreender de forma direta as suas investigações. Com isso, a equivalência quanto aos recursos de acusação e defesa entrou em pauta, o que resultou na norma de 2018.
Como ocorre a investigação defensiva?
A investigação defensiva é um processo independente, coordenado sem a participação de órgão público. Isso significa que o defensor deve traçar as estratégias de investigação, sem precisar se subordinar às autoridades públicas, contudo, sempre respeitando a constituição e a legalidade, para que o valor das provas obtidas não seja alvo de questionamento.
Tal atividade permite uma atuação mais próxima e efetiva da defesa do imputado, mas deve seguir alguns requisitos obrigatórios:
Prática realizada em atos de investigação, não de provas;
Pode ser iniciada em qualquer momento da persecução penal;
Está fora dos autos da investigação pública e serve como contraponto a ela;
Ocorre na intenção de reunir elementos de provas de forma lícita e relevante na defesa do cliente.
O advogado ao conduzir a investigação defensiva, pode realizar a coleta de depoimentos, pesquisar dados e informações disponíveis em órgãos públicos e privados, instituir a elaboração de laudos ou exames periciais, e ainda, realizar reconstituições, salvo as hipóteses de reserva de jurisdição.
Para que o desenvolvimento dessa prática seja eficiente, o advogado pode contar com o serviço de detetive particular Campo Grande MS ou agências de detetives de outras regiões. Além disso, peritos e técnicos também podem auxiliar no trabalho em campo, sendo que o objetivo é instituir uma investigação paralela, que obtenha novos dados e avalie os riscos do processo.
Em quais casos é possível realizar uma investigação defensiva?
Recorrer à investigação defensiva pode indicar uma solução, orientando-se, para a produção de prova em casos como:
Revisão criminal;
Resposta à acusação;
Pedido de instauração ou trancamento de inquérito;
Recebimento ou rejeição de queixa ou denúncia;
Habeas corpus;
Outros casos de medidas que assegurem o direito individual em processos criminais.
Sigilo de informações
Para quem atua na área de Direito, essa é uma questão clara. Entretanto, vale ressaltar que durante toda a investigação, o advogado, assim como os demais profissionais auxiliares, devem manter sigilo das informações, respeitando a privacidade, dignidade, intimidade e todos os demais direitos e garantias das pessoas envolvidas no caso.
Portanto, ao contratar um detetive particular em Campo Grande MS, ou que atue na sua cidade, verifique a excelência do serviço prestado e avalie a ética profissional demonstrada. Fatores essenciais na hora de trabalhar em uma investigação defensiva.
A prática não pode sofrer nenhum tipo de censura ou impedimento na sua realização, já que o exercício é compreendido como um ato legítimo e legal. Todos os profissionais que atuarem na investigação defensiva não têm o dever de informar os fatos investigados às autoridades, necessitando de autorização do constituinte para tal feito.
Conclusão
A investigação defensiva desempenha hoje uma função de garantia de direitos individuais representados em lei. A atividade vem ganhando destaque na mídia, o que tem servido de base para outros segmentos do Direito, o que representa um grande avanço no exercício da advocacia.
Para quem busca pelo serviço de detetive em Campo Grande MS, saiba que há profissionais habilitados, que além da investigação defensiva, também atuam em investigação conjugal, localização de pessoas e outras atividades que envolvem a obtenção de provas para processos judiciais.
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