Abstract

COSTA, Daniela Carvalho Almeida da  and  CASTRO, Fabiana Oliveira Bastos de. THE ATTORNEY’S ASSISTANCE IN PRELIMINARY INVESTIGATION: FUNDAMENTAL WARRANTY OR FORMALITY?. Revista Internacional CONSINTER de Direito [online]. 2019, n.9, pp.45-56.  Epub Dec 18, 2019. ISSN 2183-6396.  https://doi.org/10.19135/revista.consinter.00009.01.

This work has the objective to study whether the lawyer’s presence during the preliminary investigation constitutes a fundamental guarantee of the investigation. For this purpose, initially, considerations were drawn on fundamental rights, the origin and evolution. Then, it was analyzed the importance of the lawyer’s profession in defending the rights of the oppressed. Soon after, it was explained what is meant by the preliminary investigation in Brazilian law. In the end, we came to the conclusion that the presence and active participation of the lawyer in the criminal investigation phase is a fundamental guarantee of the human person, especially because it consistent with the constitutional principles of implementation of fundamental guarantees.

Keywords : Fundamental Right; Assistance of Counsel; Preliminary Investigation.

        · abstract in Portuguese     · text in Portuguese     · Portuguese ( pdf )