Art. 14 The offended person, or his legal representative, and the accused may request any diligence, which will be carried out, or not, at the discretion of the authority.
Due diligence requirement
Rejection of proceedings: The judgment, as to whether or not to grant the proceedings required by the party, is not arbitrary. It’s discretionary. If the required diligence is substantiated and seeks to clarify the relevant truth, it cannot be rejected by the police chief. Against the arbitrary rejection of a request for due diligence, the filing of habeas corpus is pertinent . Relevant truth is that capable of generating penal effects. It is the truth that concerns authorship, typicality, antijuricity and culpability, that is, the truth that relates to the application of criminal law. On this subject and the obligation to carry out the examination of the forensic evidence required by the accused, see title Indicted and the expertise , in annotations to item VII of article 6. On the right of the accused to formulate questions to the expert (applicability of article 176 of the CPP to the investigation phase), see notes to the subtitle Indicted and the questions in the title Examination of the corpus delicti and expertise (item VII) in comments to article 6.
The accused as an unidentified object: In the subtitle The accused as an unidentified object of the title The prosecution orders, the defense asks. The fable of equality in the criminal process , in comments to article 156, we deal with the view of the accused as an object of non-exerciseable rights, that is, an unidentified object.
The investigation in favor of the investigated person: The investigation can and should turn in favor of the investigated person, if at any given moment, during the course of the investigation, evidence appears pointing to his innocence. The police authority may even ask the judge for measures in favor of the investigated person, including interception of data and telephone communications, environmental recording, home search, breach of bank and tax secrecy. These measures can also be requested by the investigated to the police authority. If due and denied, they can be sought through habeas corpus .
Habeas corpus or writ of mandamus? Faced with a violation of the right of being investigated in a police investigation, what is the correct measure, habeas corpus or writ of mandamus? See the subheading Habeas corpus or writ of mandamus in the heading Hearing the accused. The investigation in favor of the investigated (item V) in comments to article 6.
Investigation and defensive action in the investigation: On the defensive investigation and on the defensive action in the investigation phase, see the title Listening to the accused. Defensive investigation (item V , in comments to article 6.
On the duty of impartiality of the police authority: See the heading The police authority has a duty to be impartial , in comments on Article 4.
Survey that is limited to ascertaining materiality and authorship is incomplete: See this title in comments to Article 4.
Doctrine
Felipe Oliveira Freitas: The contradictory and full defense in investigative procedures at the headquarters of the judicial police . Legal Scope.
