Inquérito policial: arquivamento e desarquivamento, hipóteses jurídicas.

Abstract

This work has a focus to problematizacion related to the core competence of desarquivament the police inquiry, questioning whether it is primarily the authority police unarchive the criminal investigation, when news of new evidence, without interference from prosecutors, or if it needs to ask the Parquet. Through the method exegetic-legal, with the use of codes, doctrines and articles concerning the key issues to the theme, is seeking support and emphasize the need for a solution to the impasse existing in the law of criminal procedure. Considering the evolution of social values and the dynamics that the legal system has to monitor, on pain of becoming obsolete and ineffective, will the search, now developed, through a historical overview on world and national highlight the changes most effective research criminal how important preliminary to the criminal proceedings. For proper understanding of the subject, it is imperative that technical issues are addressed, such as: notitia criminis; delatio criminis; award for Establishment of the Police Investigation; forms of establishment; criminal action conditioned public, private criminal action; self in prison in flagrant; indiciament; and an approach of how to give the conclusion of the police inquiry. They will also characteristics of the police inquiry and the value of the information it collected, and who has standing to promote its archiving and desarquivament. It will be imperative to analyze about desarquivament the criminal investigation as a way to show that, despite a priori to Article 18 of the Criminal Procedure Code does not present any irregularity, to do further analysis and compare it with the Article 17 of the same diploma , realize that there is a certain inconsistency, but acceptable taking into consideration the search for a more autonomous research, thereby avoiding the length of this activity and the disappearance of evidence supervenients the filing. Finally, there is the recent legislative sense about the doctrinal disagreement, with estimates for the amendment of Article 18 of the Code of Criminal Procedure in trying to resolve the conflict.