Fundamental guarantees of the investigate in interrogation, in the use of handcuffs and in coerctive driving

Abstract

This article aims to address aspects of criminal investigation, observing the fundamental guarantees of the person under investigation in the course of the process, based on the 1988 Constitution of the Federative Republic of Brazil and the decisions handed down by the Supreme Court. The objective is to analyze a criminal investigation in the Brazilian criminal process and what are the fundamental guarantees of the investigated. Thus, it is necessary to understand the criminal investigation through the fundamental rights and guarantees of the investigated, in the interrogation process, in the use of handcuffs and to verify that their physical integrity and dignity are guaranteed, and to address coercive conduct and the right to freedom. The adopted methodology is qualitative and the approach method is deductive, based on theoretical research, as it has a bibliographic analysis carried out by reading doctrine and scientific articles from renowned magazines in the legal area. Through the studies carried out, it was possible to observe that for many years, the fundamental guarantees of the investigated were not fully respected, as the presence of the lawyer was not mandatory in the interrogation until 2003. As well as the use of handcuffs, until the edition of the Binding Precedent no. 11, was in common use and used indiscriminately by the accused, restricting several fundamental guarantees, especially the dignity of the human person and the presumption of innocence. As for coercive driving, its indiscriminate use was only prohibited from 2018 onwards with a decision of the Supreme Court in ADPF n. 395.