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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