Procedimento do Inquérito Policial (Processo Penal): Resumo Completo

Summary

This video script provides an in-depth explanation of the police inquiry procedure within criminal law. It covers the initiation of investigations through formal orders or police reports, distinguishing between different types of crime reports, such as spontaneous or anonymous reports. It also highlights the roles of various legal authorities like the police, public prosecutor, and judges in starting investigations. The script outlines the investigative process, including mandatory actions for police officers and the conditions under which an investigation is concluded. It emphasizes the procedural requirements, including report submissions, witness testimonies, and the completion of thorough investigative steps.

Takeaways

• 😀 The police inquiry is initiated with a formal document called the 'portaria', which outlines the crime, involved parties, and necessary investigative actions.
• 😀 A 'notícia crime' is the formal report of a crime to the police, which can trigger the start of a criminal investigation.
• 😀 A 'notícia crime' is not the same as a 'queixa crime', which is a private complaint in criminal law.
• 😀 The main recipients of a 'notícia crime' are the police delegate, the Public Prosecutor's Office, and in some cases, the judge of guarantees (currently suspended by the STF).
• 😀 A 'notícia crime' can be submitted by the victim, their legal representative, a member of the Public Prosecutor's Office, or even any citizen.
• 😀 The police are required to start an investigation immediately upon receiving a 'notícia crime', especially if it comes directly from a police officer or media report.
• 😀 Reports can also be anonymous, but the police must first verify whether the information is credible before proceeding with an investigation.
• 😀 The police delegate has the discretion to choose the investigative actions, but must follow certain prescribed steps in the criminal procedure code, such as collecting evidence and conducting interviews.
• 😀 In public crime cases, any person can report a crime to the police, and the investigation must be initiated based on the report.
• 😀 The inquiry is concluded by a report (relatório), which summarizes the investigation, detailing the steps taken and the evidence gathered, without providing an opinion on guilt or innocence.

Q & A

What is the first stage of the police inquiry procedure in the criminal process?

The first stage is the 'portaria,' which is a written document that officially starts the investigation. The police chief will identify the investigated fact, the involved parties, the necessary actions, and the decision to open the police inquiry.

Can any documents replace the 'portaria' in a police inquiry?

Yes, in certain cases, documents like the 'auto de prisão em flagrante' (a report of arrest in flagrante delicto) can substitute the 'portaria' in initiating a police inquiry.

What is a 'notícia crime' and how does it differ from a 'queixa crime'?

'Notícia crime' is the communication of a criminal act to the police, triggering an investigation. It is not the same as 'queixa crime,' which is the petition that starts a private criminal action in the criminal process.

Who are the recipients of a 'notícia crime'?

The recipients of a 'notícia crime' are the police chief, the public prosecutor, and, in some cases, the judge of guarantees, though the latter’s role is currently suspended by the STF.

What is the role of the public prosecutor in the investigation process?

The public prosecutor can request the initiation of the police inquiry, investigate criminal matters, propose the closure of the investigation, or offer a formal charge if there is enough evidence.

Can the police chief start a police inquiry without a 'portaria'?

Yes, in specific situations like when a 'notícia crime' comes from the press or a direct communication from someone who knows about the crime, the police chief can initiate the inquiry without a formal 'portaria'.

What is the difference between a 'notícia crime' and an anonymous tip?

A 'notícia crime' is a formal report of a criminal act, while an anonymous tip ('denúncia anônima') lacks an identifiable source. Although anonymous tips do not automatically trigger a police inquiry, they can initiate a preliminary investigation to verify the validity of the information.

What types of people can file a 'notícia crime'?

A 'notícia crime' can be filed by the victim, the legal representative of an incapacitated victim, the judge, a member of the public ministry, or any person who knows about the crime, provided it is a public offense.

What happens if the police chief refuses to initiate a police inquiry?

If the police chief refuses to initiate an inquiry, the victim or their legal representative can appeal to the chief of police through an administrative appeal. Additionally, the public prosecutor can request the initiation of the inquiry.

How is the police inquiry concluded?

The police inquiry is concluded with a detailed report (relatório) that outlines the actions taken during the investigation, including the reasons for any actions not undertaken. The report is submitted to the competent judge.