STF Binding Precedent No. 14 and Victims’ Right of Access to Criminal Investigations

A Hermeneutic Analysis of Case Law

Abstract

The confidentiality of police investigations in Brazil was partially relaxed by STF Binding Precedent No. 14 (SV 14) in 2009, with the aim of ensuring the suspect’s right of defense. By contrast, victims’ right of access to evidence gathered in criminal investigations remains contested. This issue was addressed by the Brazilian Superior Court of Justice (STJ) in Ordinary Appeal in Writ of Mandamus No. 70,411/RJ, which recognized that such a right should also extend to victims, primarily on the basis of SV 14 and the case law of the Inter-American Court of Human Rights. This article analyzes the legal reasoning adopted in that decision, particularly from a hermeneutic perspective informed by the precedents of the STF and the Inter-American Court. Methodologically, the study adopts a qualitative, exploratory approach based on doctrinal, legislative, and case law sources. It also seeks to clarify the appropriate hermeneutic framework for assessing the use of judicial precedents. Following a comparative analysis of relevant case law, the article identifies shortcomings in part of the reasoning in RMS No. 70,411/RJ, which, however, do not undermine the recognition of victims’ right of access to criminal investigations.

Keywords: Police inquiry. Binding Precedent n.º 14. Victim. Secrecy. Inter-American Court of Human Rights.