Reflexos do indiciamento em inquérito policial na fase de investigação social de concursos públicos

Abstract

The present study analyzes the indictment at policial inquiry reflexes in the social investigation phase of public tenders. Also pointing principles, rights and guarantees presents at Federal Constitution of 1988. Therefore, a more in-depth comparison with legal basis, in the Code of Criminal Procedure, Federal Constitution, jurisprudence and doctrines, as well as in the legitimation of these fundamental rights protected there. In this way, it is essential to discuss decisions and principles and rules, as the introductory medium of theory, principles and the maxim of proportionality. The last approach that will be made is regarding to the duality between the right and the negative reflection that can be caused and mainly the exclusion of the candidate in public competition due to an indictment in police investigation, in order to resolve any conflicts between these rights. In this scenario, it is sought to contribute with a subject of great relevance and controversy and that still has a shy look at doctrine and jurisprudence.