O indiciamento como ato motivado e privativo do delegado de polícia sua relevância na persecução penal e consequências para o indiciado.

Abstract

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.