O sistema de arquivamento do inquérito policial à luz da lei no 13.964 de 2019 e seus reflexos no ordenamento jurídico

Abstract

This monograph will discuss the filing system of the police investigation before and after the enactment of Law No. 13,964 of 2019 - Anti-Crime Package - and its effects on the legal system, having, at first, the general objective of demonstrating the impacts for the ordering due to the normative alteration of art. 28 of the Homeland Repressive Procedural Statute, disciplining a new system concerning archiving, with an accusatory bias. Thus, the attributions of the legal actors involved in the act are analyzed, their current legal nature in contrast to the past, in the light of doctrine, and especially their legal-constitutional situation due to the decision in the injunction granted by the Supreme Court Federal. The present study also has, as specific objectives, to conceptually and legally explain the Police Inquiry in the light of the Brazilian legal system; present Control systems as to the legitimacy of filing the preliminary investigation; analyze the accusatory system in the national criminal procedural system and ADI 4.693/BA, in 2017; demonstrate the role of the Public Ministry in light of the new procedure, the victim and the limit of action of the judiciary during this phase of the persecutio criminis; analyze the doctrinal discussions about the judge of guarantees and the police inquiry; and present legal analyzes on the allegations of unconstitutionality in ADI 6,298 and ADI 6,305, which resulted in the suspension of the sine die effectiveness of the new filing procedure. In order to achieve this goal, this work was conceived through the dialectical method, in the face of a real clash between thesis and antithesis, fulminating in the demonstration of a synthesis. In this way, it will be demonstrated how the legal system conceived the filing system of the police investigation before the advent of the reform, with real antagonism to the accusatory system, and as a result of the legislative reform, the constituent's will is conceived correcting such distortion, effecting a true clash or legal dialogue.