The lawyer’s role in the police investigation regarding the changes in the statute of the Brazilian Bar Association

Abstract

This article aims to identify the main practical consequences caused by the changes brought by Law n. 13.245/2016, which amended the Statute of the Brazilian Bar Association (Law No. 8.906/1994), specifically with regard to the participation of the lawyer in investigative procedures, covering the positive and negative points related to the principle of contradictory and broad defense. For the present article, it was used qualitative research of deductive method, considering that the present study is part of the generality, general considerations about the Brazilian criminal procedural system, for the specific theme, that is, the participation of the lawyer in the police investigation. With bibliographic contribution to the specific legislation, doctrine and relevant jurisprudence applicable to the research problem. The police investigation, considered mainly by Brazilian doctrinators, as being of an inquisitive nature, needs to be raised as an instrument of fundamental guarantees. In this course, it will be concluded that the amendments to the Statute of the Brazilian Bar Association are related to the evolutions of the Brazilian legal system, causing a direct impact on the relationship between lawyers and the conduct of investigative procedures. Providing the legal professional with a greater performance in the police investigation, being necessary to observe the fundamental guarantees that guide the broad defense, with the scope of avoiding misunderstandings in the procedures, ensuring the integrity of the investigated, maintaining the cohesion of a defensive strategy. Thus, the question is: what are the limits imposed on the lawyer's performance in the sphere of police investigation under the positive and negative aspects of the constitutional right of defense and contradictory.