Violação das garantias constitucionais do contraditório e da ampla defesa : o tráfico de drogas e as condenações fundamentadas no auto de prisão em flagrante nos processos da 15ª Vara Criminal da Comarca de Maceió/AL

Abstract

The present contesting work seeks to control the evidence produced by the police in the course of the criminal investigation and the way in which this information is received by the other operators of the law (prosecutors and judges verifying the existence of violations of the rights and constitutional guarantees of the arrested in the act) accused of committing the crime of drug trafficking, which from the beginning of the process is already considered guilty. The study analyzes the historical context of criminal investigation, presenting its main characteristics and the constitutional and criminal principles violated. Thus, the problem was used inductively with the collection of information, through data methods and factors of methods of drug trafficking processes in process Maceió/AL,15th Social Court, and its legal conditions and, as well as research of a literature, with doctrinal understandings and jurisprudential themes. The research presents the analysis of sentences based only on the testimony of police officers in the act of the 15th Criminal Court of Maceió/AL, in the period of one year, corresponding to the months of July 2020 to July 2021.