O sistema de arquivamento do inquérito policial à luz da lei no 13.964 de 2019 e seus reflexos no ordenamento jurídico
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Date
2021-12-15
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Publisher
Universidade Católica do Salvador
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.
Description
Keywords
Inquérito policial, Arquivamento, Sistema acusatório, Lei 13.964/2019, Police inquiry, Archiving, Accusatory system, Law 13.964/2019