THE SCIENTIFIC NATURE OF THE JUDICIAL POLICE: THE INSTRUMENTALITY OF FENOMENOLIGY FOR CONTEMPORARY OFCRIMINAL INVESTIGATION

Abstract

The article discusses the scientificity of the judicial police in light of the enactment in Brazil of Law No. 14,735, of November 23, 2023, which established the National Organic Law of the Civil Police. This normative diploma establishes it as a duty of these public bodies, however, without defining it. In this sense, criticism is observed regarding the creation of the judicial police, considering its punitive function within the scope of social control, especially in its origins in the 19th century. This is without forgetting that the investigative policing function is part of a broader context of demands for the realization of fundamental rights. Thus, revived the discussion about the idea of intellectual monopoly of the scientificity of police activity. It is demonstrated that the aforementioned normative instrument makes what has been called cultural war unfeasible, it being certain that the research carried out by universities and their findings are, by force of law, understood as instrumental to the realization of the scientific nature of police activities, especially criminal investigation. As an example, phenomenology and its importance for the scientificity of the judicial police are presented.