Dodge pede restabelecimento de condução coercitiva de investigados

125

Dodge pede restabelecimento de condução coercitiva de investigados

Medida está suspensa por decisão liminar concedida em dezembro de 2017, pelo ministro Gilmar Mendes

© Marcelo Camargo/Agência Brasil
A Procuradoria-Geral da República recorreu, nesta terça-feira (13), de decisão do ministro Gilmar Mendes que proibiu, em liminar concedida em dezembro do ano passado, a condução coercitiva de investigados para interrogatório em todo país.
A determinação atendeu a pedido do Partido dos Trabalhadores (PT) autor de uma Ação de Descumprimento de Preceito Fundamental (ADPF). Na época, o ministro acatou os argumentos da legenda, para quem a condução afronta a liberdade individual e a garantia da não autoincriminação assegurados na Constituição Federal.
No recurso, Raquel Dodge destaca que a legislação prevê duas espécies de condução coercitiva e que, em ambos os casos, a medida deve ser determinada pela Justiça. O instrumento pode ser utilizado tanto no curso da ação penal quanto na fase investigatória.
Nas situações em que o alvo da medida já foi denunciado, o propósito é possibilitar a qualificação e completa identificação do acusado, além de garantir celeridade ao andamento do processo.
Quando a condução é solicitada durante as investigações preliminares, a medida pode ter vários objetivos. Na peça, a PGR menciona a colheita de elementos que podem confirmar ou até alterar a linha investigativa, uma forma de evitar o ajuste de versões, a destruição de provas, a alteração de cenários e a intimidação de testemunhas. Também é mencionado o fato de a condução ser uma alternativa menos invasiva em situações em que são cabíveis prisões temporárias ou preventivas.
Raquel Dodge defende que as duas espécies de condução – suspensas pela decisão do ministro Gilmar Mendes – não ferem os direitos fundamentais constitucionais ao silêncio e a proibição de autoincriminação. Na verdade, as medidas estão inseridas no “devido processo legal constitucional ao garantir ao Estado o cumprimento do seu dever de prestar a atividade de investigação e instrução processual penal de forma efetiva e no tempo razoável”, destaca trecho do parecer, reiterando que o respeito às garantias constitucionais orientam a execução da medida.
Garantias constitucionais
Na peça, a PGR enfatiza que compartilha do entendimento de que a condução “não pode ser utilizada com a finalidade de coagir o investigado ou réu a confessar”. Mas reitera: em quaisquer das situações, o conduzido pode se recusar a falar, sendo respeitado seu direito ao silêncio e demais garantias constitucionais previstas no devido processo legal, ressalta Raquel Dodge.
Rebatendo o argumento do autor da ADPF de que as conduções coercitivas ofendem a liberdade de locomoção, Raquel Dodge esclarece que as medidas de natureza cautelar não se equivalem à prisão, mas servem para para assegurar que investigados sejam levados à presença das autoridades que conduzem investigações ou ações penais. “Inclusive, é uma oportunidade de se apresentar esclarecimentos úteis à própria defesa e que possam, de imediato, excluir a possibilidade de participação do investigado no crime apurado”, defende.

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