COMPARATIVE ANALYSIS BETWEEN INTELLIGENCE AND DEFENSIVE RESEARCH

Abstract

The present work aims to carry out a comparison analysis between the defensive investigation institute and the intelligence activity, so that the existence (or not) of points of intersection between them can be verified. For this, inductively, the intelligence activity is analyzed through four legislative frameworks (Law No. 9883/99, Decree No. 4.376/2002, Decree No. 8.793/2016 and Decree of December 15, 2017) and writings from the national specialized literature on the subject. On the defensive investigation side, the legislative documents of the norms that intend to regulate the activity and the debates about the institute's approval are analyzed. The results presented showed that: (i) intelligence activity has an impact on different spheres of state activity, being subject to the impact of different regulatory norms and particular situations; (ii) the defensive investigation is regulated by Provision No. 188/2018 of the Brazilian Bar Association, aims to encourage private investigation, it does not have a legal standard to support it, as its debates are ongoing in the National Congress; (iii) both institutes (one embryonic and the other already consolidated) may be in a procedural dispute and, more significantly, may, together, be crucial points for the development of the national investigative ecosystem. Thus, it is concluded that the intelligence activity and defensive investigation, although at different moments of development, can mutually benefit and contribute to the advancement of the investigation activity.