Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 50 CPP – Express waiver.

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Art. 50. The express waiver will consist of a declaration signed by the offended party,  by his legal representative or attorney with special powers.
    Single paragraph. The resignation of the legal representative of the minor who has completed 18 (eighteen) years will not deprive him of the right to complain, nor will the resignation of the latter exclude the right of the former.

https://www.youtube.com/embed/kLdz_xMubUo?feature=oembedThis video is repeated in articles 41, 44, 45, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, as it deals with all of them. Subjects: complaint, elements, power of attorney, indivisibility, waiver and pardon.

Form of waiver

Express or tacit:  The waiver can be made expressly (article 50) or tacitly ( article 104 of CP ).

Representative or attorney:  Representatives are the parents, guardian, guardian. An attorney is the person holding a power of attorney, not necessarily a lawyer.

Tacit waiver and its proof:  Tacit waiver of the right to complain is implied by the practice of an act incompatible with the will to exercise it ( article 104, sole paragraph of CP ). Tacit waiver and tacit pardon will admit all means of proof ( Article 57 ). 

Sole paragraph without effect:  In view of the provisions of  article 5 of the new Civil Code , according to which  minority ceases at the age of eighteen, when the person is qualified to practice all acts of civil life,  it is understood as without any effect the sole paragraph of this provision.

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