Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 23 CPP – Identification Institute

Contribua com a manutenção deste site, faça um pix para [email protected].

Art. 23. When sending the investigation records to the competent judge, the police authority shall notify the Institute of Identification and Statistics, or similar department, mentioning the court to which they were distributed, and the data related to the criminal offense and the person of the accused.

Background sheet and Identification Institute

https://youtube.com/watch?v=HSrC-M0PYLw%3Ffeature%3Doembed

Remission:  With regard to  Law 12.037/2009 , which provides for the criminal identification of the civilly identified person, see our comments on  article 259 .

Comments:  Criminal statistics, in charge of the Institute of Identification and Statistics, are based on the individual bulletin. This bulletin is divided into three parts: one is at the police station, another accompanies the inquiry and the third is sent to the Identification Institute. At the end of the process, the copy that accompanied the inquiry is filled in by the clerk and sent to the Institute ( article 809 of the CPP ). Rehabilitation, after an unappealable sentence, is communicated to the Institute of Identification and Statistics ( article 747 of the CPP ).

Criminal record sheet or antecedent sheet:  The database of the Institute of Identification and Statistics is kept up-to-date by information sent by the police and judicial authorities regarding the involvement of people with crimes. The background sheet reflects the information contained in the database. It is a bank, in theory, confidential. Access is restricted to police officers, members of the Public Prosecutor’s Office, judges and registered users. See subheading  Sheet of criminal records or sheet of background  in the heading Criminal identification (item VIII), in comments to article 6.

life sentence: Article 809 does not provide for any deadline for removing the name of the person registered in the database of the Institute of Identification and Statistics. Article 747 determines that the rehabilitation must be communicated to the Institute of Identification and Statistics. There is no provision for deletion of the registration record. It will be said that the registration is confidential. Is not true. Anyone can have very easy access to this register. It is common for companies when they want to hire an employee to have access, in one way or another, to these records. Therefore, secrecy is legal but not real. Valueless norm, therefore. Intimacy, when illegally violated, is jurisdictionally indefensible, either due to the offended party’s lack of knowledge of the violation or due to the impossibility of proving it. It represents a life sentence for anyone who responded to any lawsuit, no matter for what crime, how old he was, if he prescribed the action or if he was acquitted. Even those who were acquitted on the grounds that the alleged act did not constitute a crime or who proved that they were not the perpetrator of the act, their name will appear on the criminal record sheet. Until after your wake. This registry takes criminality so seriously – mistakenly, according to our thesis – that not even death is a justification for erasing the records. Milan Kundera was right when he wrote that according to our thesis – that not even death constitutes justification for erasing records. Milan Kundera was right when he wrote that according to our thesis – that not even death constitutes justification for erasing records. Milan Kundera was right when he wrote that  police files are our only passport to immortality .

Misinterpretation that deserves correction:  Carefully examining Articles  6, item VIII ,  23 ,  747  and  809 of the CPP , it is concluded that none of them establishes a deadline for removing the name of the registered person from the database. On the other hand, none of them, equally, determines that the name must remain perpetually in the registry. Therefore, the interpretation that the release of the record is perpetual is rushed. Perpetuity is not provided for by law. The perpetual penalty is prohibited by the  CF in article 5, item XLVII, letter “b” (and the punitive consequences of registration are undeniable). In fact, there is a gap in the provisions of the Code of Criminal Procedure. The fact that the law is silent cannot be interpreted against the citizen. In terms of interpretation of criminal procedural norms, the principle of  king’s favor prevails . It is, therefore, a gap in the legislation that can, and should, be filled by the  integrative jurisdiction. Well then, what deadline to adopt? The period for posting a name in the database of the Institute of Identification and Statistics is a security period. It complies with the constitutional principle of security. It is a deadline against individual freedom and in favor of social security. Based on these assumptions, it is questionable which formula the criminal procedural law takes longer to forget the crime. Responding, it is that of article 366 of the CPP, when the accused is summoned by public notice and does not appear, a hypothesis in which, for the process to be terminated, there will be two deadlines ahead, the suspension and the limitation period. According to the understanding of the STJ contained in  Precedent 415 ,  the period of suspension of the statute of limitations is regulated by the maximum of the penalty imposed. Simplifying: it is worth counting two statute of limitations regulated by the maximum of the sentence imposed. The analogy we make to Article 366 is justified, as this device deals with the  maximum period of forgetting of the CPP, applicable to the species insofar as it is a security policy record. Giving examples of how it would look: in the case of simple homicide, the record would remain for 40 years. The theft, for 32 years. The theft, for 16 years. Some issues also deserve to be resolved, such as, for example, it does not make sense to keep the acquittal on the record based on article 386, items I or III or IV or VI first part, or in the case of prescription of the action. Being, as it is, in fact, a public register, it is awaiting a binding solution from the Judiciary. There are decisions of the Superior Court of Justice determining the exclusion of the register in some cases:  Resp. 443927 , rapporteur Minister José Arnaldo da Fonseca; Resp 717.746/SP , Rel. Min. Gilson Dipp; RMS 25096/SP, rapporteur Minister Laurita Vaz.

Doctrine

Carlos Eduardo Rios do Amara:  Genetic profile collection as a form of criminal identification .  Anadep.

Fernando Augusto Fernandes:  DNA registration is not enough without a project to identify weapons and projectiles . Conjure

Marco Antonio de Barros, Professor at the Faculty of Law – UPM and Professor Marcos Rafael Pereira Piscino:  DNA and its use as evidence in criminal proceedings .  esmal.tjal.jus.br.

Eduardo Luiz Santos Cabette:  Investigation of data, information, records and signals. Law 13.344/16 on human trafficking . Legal Scope.

Romulo Moreira The new criminal identification law . Crumbs.

Valdinei Cordeiro Coimbra:  The certificates or attestations of criminal records issued by the Police and Courts and the amendment of the sole paragraph of art. 20 of CP . Legal Content.

Infoseg System

Infoseg System: Brazil lacked a unified public security system. INFOSEG was created to fill this gap. It is a virtual national public safety system. It has been implemented since 2004. It integrates public safety information. It consists of several databases. Access is limited to people linked to public safety who are previously registered. It involves the use of cameras, biometric authentication. It is integrated by other systems: SIGMA, Federal Revenue, Judiciary, Interpol, TEM, SISME, ANTT, BNMP, SUS, SISME, OCR, SINARM, SIGMA, SINAD.

Fim

Contribua com seu comentário

O seu endereço de e-mail não será publicado. Campos obrigatórios são marcados com *

Summary