PAIVA, C. E. S.; http://lattes.cnpq.br/6495263186242732; PAIVA, Carlos Eduardo Saraiva de.
Résumé:
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.