PROF.ª LUCIANA PEIXOTO: Etapas do Inquérito Policial

Summary

This video provides a detailed overview of the stages involved in a police inquiry (*inquérito policial*) in Brazil, a key process in criminal investigations. It explains how an inquiry is initiated, whether through official reports, arrest in flagrante, or judicial requisitions. The process of gathering evidence, conducting investigations, and the formal act of charging a suspect (*indiciamento*) is outlined. The final report, summarizing the investigation's findings, is discussed, along with the legal deadlines and conditions for extensions. This informative guide is essential for those preparing for public service exams, especially those focused on law enforcement and public safety careers.

Takeaways

• 😀 The police inquiry process begins when a crime is reported to the police, and it aims to investigate the crime in question.
• 😀 The initiation of the police inquiry can occur through various means, including a police report, a flagrant arrest, or a judicial or public prosecutor’s requisition.
• 😀 A police inquiry can be initiated by a formal report (portaria), an arrest in flagrant crime, or a request from the prosecutor or judge.
• 😀 In cases of less severe crimes (those covered under Law 9.099), a simplified report, called a 'termo circunstanciado', may be used instead of a full police inquiry.
• 😀 The police are responsible for conducting investigations, though prosecutors and judges can request the initiation of a police inquiry if they find it necessary.
• 😀 A victim, their legal representative, or their lawyer can also request the initiation of a police inquiry in certain cases, particularly when there is an interest in holding someone accountable for the crime.
• 😀 A police inquiry may be rejected by the police officer if the facts do not constitute a criminal act, but the victim can appeal the rejection to the chief of police.
• 😀 The police officer in charge of the inquiry has discretion to conduct various investigative actions, including questioning witnesses, requesting evidence, or searching for stolen items.
• 😀 Once the investigation is complete, the police officer drafts a final report, summarizing the investigation, the individuals involved, and the conclusion, which is then submitted to the appropriate authorities for further action.
• 😀 The police inquiry must be concluded within specific timeframes. In cases involving a suspect who is in custody, the inquiry must be completed within 10 days, while for those who are free, it’s 30 days, with possible extensions.

Q & A

What is the primary purpose of the police investigation process, as described in the video?

The primary purpose of the police investigation, or the inquérito policial, is to investigate a criminal act and gather enough evidence to determine the possible perpetrator of the crime.

When does the inquérito policial begin, and what are the possible ways of initiating it?

The inquérito policial begins when a crime is reported to the police. It can be initiated by the police via a portaria (official decree), an auto de prisão em flagrante (record of immediate arrest), a request from the judge or prosecutor, or a formal request by the victim or their representative.

What is the difference between a public action and a private action in the context of criminal law?

In a public action, the state is responsible for prosecuting the crime, while in a private action, the victim has the main interest in prosecuting the case. There are also conditional public actions where both the state and the victim have a role, and the victim must express their interest in the case through a representation.

What happens if the police decide not to initiate an investigation?

If the police decide not to initiate an investigation, the victim or their representative can file an administrative appeal to the police chief, requesting a review of the decision.

What are the key steps involved in an investigation once the inquérito policial is started?

Once the inquérito policial is started, the key steps include conducting investigations, collecting evidence, interrogating witnesses and suspects, and performing actions such as arresting suspects, issuing warrants, and conducting re-enactments of the crime. The investigator then proceeds to determine if there is sufficient evidence to charge someone.

What is the significance of the indiciamento (indictment) in the inquérito policial?

The indiciamento is a formal act in which the police investigator identifies a person as a likely perpetrator of the crime. This step is based on sufficient evidence of materiality and the circumstances of the crime.

How does the police report (relatório final) play a role in the investigation process?

The police report (relatório final) summarizes all actions taken during the investigation, including evidence gathered, people interviewed, and conclusions drawn. It helps the prosecutor or the victim decide whether to proceed with legal action or request the case to be closed.

What is the time limit for completing an inquérito policial, and how can it be extended?

The time limit for completing an inquérito policial is 10 days for a suspect in custody and 30 days for a suspect who is free. The 30-day period can be extended by a judge if necessary, while the 10-day period is fixed. Special laws may set different deadlines depending on the type of crime.

What impact does the Anti-Crime Package have on the police investigation timelines?

The Anti-Crime Package introduced provisions to standardize investigation timelines between police forces, proposing that the investigation deadline be 15 days for suspects in custody and 15 more days if an extension is needed. However, this regulation is currently suspended.

Why is a well-documented inquérito policial crucial for the prosecution of a case?

A thorough and well-documented inquérito policial is crucial because it lays the foundation for the prosecution. The evidence collected and the actions taken during the investigation are used to support the legal case and ensure that the perpetrator is properly held accountable.