A (in)viabilidade constitucional do auto de prisão em flagrante delito online

Abstract

This dissertation aims to analyze the constitutionality of the online arrest report, which uses technological resources, notably videoconferencing. To this end, it is necessary to go through the institute of arrest in flagrante, from its inception to the present day, understanding its purpose and the emptying of its effects for constitutional conformation. In view of the remodeling of arrest in flagrante imposed by the Democratic State and, taking advantage of the porosity and permanence of the Constitutional Criminal Procedural Law, it will be evaluated whether the use of technological resources in arrest in flagrante has the power to enhance human rights and expand citizen participation. To this end, the parameter of the State Central of Digital Duty of the Civil Police of Minas Gerais will be used to demonstrate the practical feasibility of achieving the use of technology. However, testing the hypothesis of enhancing human and fundamental rights, allowing greater citizen participation, requires that the constitutional procedural principles be compared with the online arrest warrant, concluding that it is (in)compatible with the constitutional process model.