Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 17 CPP – Prohibition of archiving

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Art. 17. The police authority cannot order the filing of investigation records.

Survey archiving. Prohibition of police authority

Principle of unavailability: In addition to the principles of administrative law that regulate it, the investigation is also guided by some of the principles in force in criminal proceedings. This circumstance is due to the fact that the police investigation has the same object as the criminal procedure: the determination of the legal relationship of criminal law that binds the accused to the State. Consequently, the procedural principles originating from the unavailability of the object of criminal proceedings also apply to the police investigation. They are the principles of legality (in the face of the commission of a crime, the investigation is inevitable), of the real truth, of officiality (the investigation is handed over to a State body, the police), the official impulse (the chief of police must move the inquiry until its end) and the unavailability of the inquiry itself (the chief of police cannot determine the archiving of the inquiry – article 17 of the CPP). The survey is unavailable for indirect reasons. Its unavailability is mirrored by that of its object. There is public interest in determining the real legal relationship of criminal law that binds the State to the citizen, and it follows that there is no provision for the investigation. The impossibility of reaching agreements derives from the principle of unavailability. An exception to the principle in the Brazilian legal system is found in the process of private action crimes in which there is a provision on the relationship of criminal law through the institutes of pardon, waiver and peremption. There is also the prize-giving,

Prohibition of archiving the investigation by the police authority:  The investigation cannot be archived by the police authority. The filing order is the competence of the MP ( article 28 ).


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2 answers

  1. Joshua Portela says:To editIn the case of civil investigations presided over by the Public Prosecutor’s Office, with regard to archiving, the prosecutor can archive it without the need to send it to court.GreetingsTo respond
    1. Flavio Meirelles Medeiros says: To editIt cannot. Unless the STF declares legal the anti-crime package in the device that deals with this issue.To respond

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