Características do Inquérito Policial (Processo Penal para Concursos Públicos)

Summary

This video explains key characteristics of police investigations in Brazilian criminal procedure law, focusing on the procedural aspects of the police inquiry. It covers the written, dispensable, and confidential nature of the investigation, along with its inquisitorial and official character. The presenter also discusses the role of the police authority, the discretion in conducting investigations, and the conditions under which a police inquiry is initiated. It emphasizes the legal requirements for public criminal actions and clarifies the procedures in cases such as torture, authority abuse, and crimes with lesser penalties, all while providing insights into how these concepts are assessed in exams.

Takeaways

• 😀 The police inquiry is an essential administrative procedure at the beginning of criminal prosecution, gathering information and investigating the crime.
• 😀 The inquiry is a written procedure, where all documents must be written or typed, even if the investigation involves interviews or testimonies.
• 😀 An inquiry is not mandatory for all cases. For example, if there is enough evidence, the public prosecutor can bypass the inquiry and file a direct complaint or lawsuit.
• 😀 The inquiry is dispensable for less serious offenses, such as contraventions or crimes with a maximum penalty under two years, handled by special criminal courts.
• 😀 Once an inquiry is started, the police authority (delegate) cannot simply close or archive the case on their own; it can only be done with the involvement of the public prosecutor or a judge.
• 😀 The police authority has discretion over the investigative methods and procedures used in an inquiry, as long as it aligns with the law and specific requirements.
• 😀 An inquiry is confidential, with access restricted to the police, the prosecutor, the judge, and the defense lawyer in certain circumstances. In cases involving sexual crimes, access is more limited.
• 😀 The inquiry is inquisitorial, meaning there is no strict adherence to the principles of contradiction and broad defense, as no formal accusation has yet been made.
• 😀 The inquiry process is official, led by state agencies such as the civil or federal police, ensuring the investigation is conducted under formal, state-sanctioned authority.
• 😀 In certain public action crimes, the police can initiate the inquiry without the victim’s request or prosecutor’s involvement, based on their own knowledge of the crime.

Q & A

What is the first characteristic of a police inquiry as described in the video?

The first characteristic of a police inquiry is that it is written. According to Article 9 of the Code of Criminal Procedure, all documents and pieces of the inquiry must be written, including testimonies and other investigative acts.

Is the police inquiry always necessary for criminal cases?

No, a police inquiry is not always required. It is dispensable in certain cases, particularly when the victim has sufficient evidence of the crime and can directly approach the public prosecutor to file a criminal charge.

Under which circumstances is a police inquiry dispensable?

A police inquiry is dispensable when the victim has all necessary evidence to support the accusation, such as proof of the crime's materiality and sufficient indications of authorship, allowing them to file a complaint directly with the public prosecutor.

What is meant by 'indisposable' in the context of a police inquiry?

The term 'indisposable' means that once an inquiry is initiated, the police authority, such as the police chief or delegate, cannot simply dismiss or archive the case unless authorized by a judge, following the principle that there should be no arbitrary decisions.

Can a police delegate choose not to initiate an inquiry in certain situations?

Yes, the police delegate can choose not to initiate an inquiry in cases of formal legal untypicality, such as when the reported incident does not constitute a crime, or in cases of legal defenses like self-defense or insignificance, although this is a minority opinion in doctrine.

What is the role of the police delegate in a police inquiry?

The police delegate has the authority to manage the investigation, decide on the necessary investigative steps, and oversee the entire inquiry process. The delegate is the one who initiates, conducts, and concludes the investigation.

How does the inquisitive nature of a police inquiry affect the rights of the defense?

The inquisitive nature of a police inquiry means that it does not strictly adhere to the principles of contradictory or broad defense. The defense cannot, for instance, request the suspension of the police delegate’s actions or introduce requests for investigations without the delegate’s consent.

What is the significance of confidentiality in a police inquiry?

Confidentiality ensures that the inquiry is kept secret to protect the integrity of the investigation and to prevent harm to the public interest. Access to the inquiry is restricted to key figures such as the police, judge, prosecutor, and the lawyer representing the accused under certain conditions.

In which cases can a defense lawyer access the police inquiry?

A defense lawyer can access the police inquiry in cases that do not involve judicial secrecy. If the case is subject to judicial secrecy, the lawyer can only access the inquiry with proper authorization, such as a signed power of attorney or when the case involves sensitive crimes like sexual offenses.

What are the consequences if a police delegate denies the defense lawyer access to the inquiry?

If a police delegate unjustly denies a defense lawyer access to the inquiry, the lawyer can challenge this decision using legal remedies such as filing a habeas corpus, a writ of mandamus, or petitioning the court to secure access as per the rights granted under Brazilian law.