Arquivamento do Inquérito Policial: uma análise sobre a imutabilidade dos seus efeitos
The immutability of the decision to close the police investigation and the other information is a subject that is not very much regulated by law and is problematic in Brazilian criminal procedural theory, especially in view of the edition of the Precedent 524 of the brazilian Supreme Court in 1969....
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| Format: | Article |
| Language: | Portuguese |
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2018
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6691198 |
| Source: | Revista Brasileira de Direito Processual Penal, ISSN 2525-510X, Vol. 4, Nº. 3, 2018, pags. 1095-1118 |
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| Summary: |
The immutability of the decision to close the police investigation and the other information is a subject that is not very much regulated by law and is problematic in Brazilian criminal procedural theory, especially in view of the edition of the Precedent 524 of the brazilian Supreme Court in 1969. The problem that faced in this work is whether the decision to close the police investigation is a judicial act whose content becomes immutable by the res judicata. Methodologically a bibliographic review was carried out to revisit the subjects of the legal nature of the decision to close the investigation and the authority of the res judicata, as well as an analysis was made of the applicability of the precedente 524. It was concluded that the decision to close the police investigation is a final judgment and, when the decision to close the investigation judge the merits, the res judicata became immutable. |
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