THE DEFENSIVE CRIMINAL INVESTIGATION PAVING THE WAY TO WEAPONS PARITY IN THE BRAZILIAN CRIMINAL PROCESS

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LÍVIA GIRÃO SARAIVA

Abstract

ABSTRACT This paper examines the (dis)parity of arms in the Brazilian criminal process, highlighting defensive criminal investigation as a vector for achieving balance between prosecutorial and defense activities. Although remnants of an inquisitorial system persist, the Brazilian criminal process operates within a predominantly accusatorial dynamic, where cognitive dissonance theory suggests that pre-existing beliefs influence judicial decisions, either reinforcing those beliefs or adapting them to the desired outcome of the case under judicial review. By conducting an independent investigation, as per the guidelines of Provision 188/2018 by the Federal Council of the Brazilian Bar Association, the defense aims to level the playing field with the prosecution, which has access to the full range of judicial resources, including the initiation of a Criminal Investigatory Procedure based on Resolution 181/2017 of the National Council of the Public Ministry. The relevance of this discussion is emphasized by the inclusion of the defensive criminal investigation institute in the New Draft of the Code of Criminal Procedure PL 8.045/2010, indicating that this institute has long awaited proper regulation, delaying the achievement of outcomes that genuinely satisfy justice, safeguard constitutionally guaranteed rights and fundamental guarantees, and prevent irreparable judicial errors. 


Keywords: Defensive criminal investigation. Parity of arms. Inquisitorial culture. Criminal Advocacy. Evidentiary evolution.

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How to Cite
SARAIVA, LÍVIA GIRÃO. THE DEFENSIVE CRIMINAL INVESTIGATION: PAVING THE WAY TO WEAPONS PARITY IN THE BRAZILIAN CRIMINAL PROCESS. Revista de Direito Penal, Processo Penal e Constituição, Florianopolis, Brasil, v. 10, n. 2, 2025. DOI: 10.26668/IndexLawJournals/2526-0200/2024.v10i2.10900. Disponível em: https://indexlaw.org/index.php/direitopenal/article/view/10900. Acesso em: 11 apr. 2025.
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Author Biography

LÍVIA GIRÃO SARAIVA, UNIVERSIDADE FEDERAL DO CEARÁ (UFC)

Criminal Lawyer. Postgraduate in Criminal Law and Criminology from the Pontifical Catholic University of Rio Grande do Sul (PUC/RS). Master's student in Law at the Federal University of Ceará (UFC). Member of the Criminal Law Study Committee of the OAB/CE and the Public Security Committee of the OAB/CE. Email: contato@liviagirao.adv.br.