Access to criminal investigation records by the person under investigation: achieving the binding legal precedent n. 14

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Authors

  • Alberto Zacharias Toron Universidade de São Paulo, USP, Brasil.

Keywords:

Binding legal precedent n. 14, Access to criminal investigation records by the person under investigation, Legal guarantees of the person under investigation, Democratic rule of law

Abstract

The effectiveness of investigations must respect the right of defense by express legal provision and due to the breadth of the right of defense. This is the correct interpretation of the Binding Legal Precedent n. 14 and the rulings that support it. Its approval by the STF in 2009 represented a break from an authoritarian structure of investigation, intended to make the exercise of defense as difficult as possible: temporary arrests, searches and seizures, and suspect interrogation whilst blocking access to the records by the lawyers of the person under investigation. The central issue in a democratic rule of law is not knowing “when it is necessary” to allow access to the records to the person under investigation, but when it is, exceptionally, lawful to prevent it. 

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Author Biography

Alberto Zacharias Toron , Universidade de São Paulo, USP, Brasil.

Doutor e Mestre em Direito pela USP. Especialista em Direito Constitucional pela Universidade de Salamanca. Professor de Processo Penal da FAAP. Conselheiro Federal da OAB e ex-presidente do IBCCRIM. Advogado criminal. 

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Published

2024-07-22

How to Cite

Zacharias Toron , A. (2024). Access to criminal investigation records by the person under investigation: achieving the binding legal precedent n. 14 . Boletim IBCCRIM, 30(353), 29–31. Retrieved from https://publicacoes.ibccrim.org.br/index.php/boletim_1993/article/view/1462

Issue

Vol. 30 No. 353 (2022): Boletim IBCCRIM - Abril

Section

Diálogos

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