Do indiciamento policial: as consequências para o indevidamente indicado e exposto.

Abstract

This monograph defends the necessary legal protection for the individual unduly indicted and exposed, seeking for the same, the fair reparation of the damages sustained. The work analyzes the police indictment, highlighting its procedure and the consequences, in cases where it occurs improperly. In the indictment, the delegate, within his normative conviction, points out in the investigation phase a subject as a possible perpetrator of a crime. During the work, the need for greater zeal in conducting this state exercise is highlighted, in order to avoid arbitrary indictment. The drafting of more specific laws that can assist in conducting this activity is still advocated in order to achieve more accurate results. Regarding the consequences of an undue indictment and exposure of the individual, the enormous and undeniable negative reflex of this act was pointed out. The work presented here is justified and is relevant as it seeks to defend fundamental rights enshrined in the Brazilian Federal Constitution of 1988. To achieve the objectives, the deductive approach method and the comparative historical procedure were used; as a research technique, indirect documentation was used, through bibliographic and virtual research, having as primary sources: Constitution, laws, jurisprudence and doctrine of renowned jurists in the area of Criminal Law and Criminal Procedure. In view of all the effects and consequences for the accused in the psychological and social sphere, this work intends to pursue the effective technical ­ legal caution in the indictment and to achieve, whenever possible, the legitimate reparation and indemnity resulting from this act.