GOMES, A. F.; GOMES, Amanda Ferreira.
Résumé:
This monograph deals with the analysis of the indictment, indictment’s relevance in
the criminal prosecution and the consequences that this act is likely to generate for
the accused. Also emphasizes the developments regarding the meager regulation of
institute on our legal system and its characterization as motivated and private act of
police authority. Despite being mentioned in general terms in the Criminal Procedure
Code, having no clear legal definition, there are some rules about their
circumstances and procedural conditions set out in the legal system, the indictment
carries practical purposes, legal and formal in the life of the accused. This paper
proposes to show, based on the lessons arranged by the specialized books and
jurisprudence, the impact of the indictment to the passive subject and the importance
of the act in criminal prosecution. The theme is riddled with doctrinal differences, the
study shows a lot of considerations raised by the authors about the material covered.
For this, we use deductive research method, using a descending chain of reasoning,
based on the general analysis and going to the particular. Looking through the
technical procedures adopted to bibliographic and documentary research, treating
the direct and indirect sources, based on the techniques of documentary collection
and content analysis. About the form, the dissertation is divided into three chapters.
First of all, analysis is wider, pointing out some important elements about the criminal
prosecution and preliminary investigation. Second, the study enters into the aspects
concerning the indictment act itself, emphasizing its characterization, concept,
regulatory gap, the initial stage and species. At least, in the third chapter, we
conclude the study indicating the relevance of the indictment in criminal prosecution
and the consequences of that act for the accused.
