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This article discusses the criminal procedural system and the preliminary investigation in the Brazilian criminal justice system, utilizing the contributions from the social sciences and the more progressive doctrine of the criminal procedure in relation to the subject. The intention is to add the approach of Michel Misse and Roberto Kant de Lima to a discussion that usually is strictly dogmatic, enriching it with other perspectives of interpretation. Regarding the criminal procedure, the authors employed in this article are Aury Lopes Jr., Salo de Carvalho and Jacinto Nelson de Miranda Coutinho. The methodology employed was the analysis of literature relevant to the problem at hand. The conclusion is that the Brazilian system is in reality an inquisitorial system, as the legal provisions are, in practice, suffering from deformation. [ABSTRACT FROM AUTHOR]