Confession: supreme objective of investigation

Abstract

This study examines the police inquiry and the role of the Judiciary Police in investigating criminal offenses, starting from the conflict between the ius puniendi and the ius libertatis. It demonstrates that, in practice, depending on the type of crime and social and media pressures, the supreme objective of investigations lies in obtaining a confession, once the queen of evidence, now restricted by modern legislation but regaining prestige in everyday forensic practice. It analyzes Brazil's authoritarian history, in which confession obtained during inquiry was officially admitted, and criticizes judicial decisions that give weight to extrajudicial confession without critically confronting other evidence. It concludes that such practices actually reestablish the validity of the repulsive Estado Novo legislation, despite the achievements of the rule of law.