Art. 289-A. The competent judge will provide for the immediate registration of the arrest warrant in a database maintained by the National Council of Justice for this purpose. (Included by Law No. 12,403 of 2011).
§ 1 Any police officer may carry out the arrest determined in the arrest warrant registered with the National Council of Justice, even if outside the territorial jurisdiction of the judge who issued it. (Included by Law No. 12,403 of 2011).
§ 2º Any police officer may carry out the decreed arrest, even without registration with the National Council of Justice, adopting the necessary precautions to verify the authenticity of the warrant and communicating it to the judge who decreed it, who must then provide for the registration of the warrant. in the form of the caput of this article. (Included by Law No. 12,403 of 2011).
§ 3 The arrest will be immediately communicated to the judge of the place where the measure is being carried out, who will provide the certificate extracted from the registry of the National Council of Justice and inform the court that decreed it. (Included by Law No. 12,403 of 2011).
§ 4 The prisoner will be informed of his rights, under the terms of item LXIII of article 5 of the Federal Constitution and, if the person charged does not inform the name of his lawyer, he will be communicated to the Public Defender’s Office. (Included by Law No. 12,403 of 2011).
§ 5 If the local authorities have doubts about the legitimacy of the perpetrator or the identity of the prisoner, the provisions of § 2 of article 290 of this Code apply. (Included by Law No. 12,403 of 2011).
§ 6 The National Council of Justice shall regulate the registration of the arrest warrant referred to in the heading of this article. (Included by Law No. 12,403 of 2011).
Database maintained by the CNJ
Database maintained by the CNJ: The database was regulated by Resolution 137/2011 of the CNJ. It’s called the National Bank for Arrest Warrants – BNMP. It is made available on the world wide web, ensuring the right of access to information to any person, regardless of prior registration or demonstration of interest, and the National Council of Justice is responsible for its maintenance and availability. It makes it easier for police officers from different states to be aware of the people who are being sought by the Justice. The judge may determine that the arrest warrant be issued on a restricted basis and, in this case, the period for inclusion in the BNMP will begin after its fulfillment or when this character is removed by court decision. As a rule, information on the arrest warrant, for purposes of registration with the National Council of Justice, will be provided within 24 hours of issuance, directly through the court systems to the BNMP.
Contents of the arrest warrant: According to article 3 of Resolution 137/2011, each arrest warrant must refer to a single person and will contain, at least, the following information: /2008 of the CNJ, plus a four-digit sequential number; II – the number of the process or procedure, in the form of Resolution No. 65/2008 of the CNJ; III – type and number of the procedure or document that originated the judicial process in which the warrant was issued, according to the table to be edited in an ordinance of the Presidency of the CNJ; IV – name of the issuing magistrate; V – name of the judicial body in which the warrant was issued; VI – qualification of the person to whom the arrest warrant refers; VII – national codes of criminal matters to which the warrant refers; VIII – type of prison decreed; IX – dispositive of the decision that decreed the arrest; X – term of imprisonment, in the case of temporary imprisonment; XI – penalty imposed and regime for complying with the penalty, in the case of imprisonment resulting from a criminal, appealable or definitive conviction; XII – presumed deadline for compliance with the arrest warrant in accordance with the prescription in abstract or concrete terms; XIII – the amount of the arbitrated surety, when applicable; and XIV – date and place of expedition.
Qualification data of the accused in the arrest warrant: Still according to Resolution 137/2011, article 3, these are qualification data of the person subject to the arrest warrant, to be included, if available, even when there is more than one of them for the same person: I – name; II – nickname; III – affiliation; IV – date of birth; V – naturalness; VI – sex; VII – color; VIII – profession; IX – address where it can be found; X – relevant physical characteristics, according to existing parameters in INFOSEG; XI – official document identification codes; XII – photography.
The certificate referred to in paragraph 3 of article 289-A: According to article 4 of Resolution 137/2011 , the certificate, to be issued by the National Council of Justice, must contain all the available elements listed in article 3, caput , of the Resolution.
Database update: Article 5 of the Resolution provides that the court of origin will update information on arrest warrants registered in the BNMP within 24 hours, counting from the revocation of the arrest or knowledge of compliance with the order.
arrest and warrant
Registered warrant and arrest by any police officer: Any police officer may carry out the arrest determined in the warrant registered with the National Council of Justice, even if outside the territorial jurisdiction of the judge who issued it.
Absence of registration and arrest: Failure to register the warrant does not prevent arrest. In any case, even in view of the arrest warrant, the police officer must take the necessary precautions to verify the authenticity of the warrant and communicate it to the judge who decreed it, who must then provide for the registration of the warrant in the form of the caput of the present device, with the information that it is complied with.
Communications of the arrest and custody hearing: Once the arrest has been made, it will be immediately communicated to the judge of the place where the measure was carried out (to the judge with jurisdiction where the arrest was carried out). The judge will arrange for the certificate to be extracted from the register of the National Council of Justice and will inform the court that decreed it. The prisoner must be presented for the custody hearing (see subheading The custody hearing in the act, in the preventive and temporary in the title Time limit for the judge to decide, custody hearing, illegality of the act and preventive decree , in notes to article 310) .
Doubts about the identity of the executor or the prisoner: If the local authorities have doubts about the identity of the executor or the identity of the prisoner, the provisions of paragraph 2 of article 290 apply, according to which, in this case, the prisoner will be placed in custody, until the doubt is clarified. Bearing in mind that custody is synonymous with security , guardianship , detention , custody , prison , surveillance Resumen, the circumstances of the specific case must be examined (dangerousness of the accused, circumstances and seriousness of the alleged crime, etc.) and determine whether there will be arrest or simple surveillance. Therefore, custody does not necessarily mean detention.
Prisoner’s rights: Prisoners will be informed of their rights, including, under the terms of item LXIII of article 5 of the Federal Constitution , that of remaining silent, being assured the assistance of their family and a lawyer, and, if they do not inform the name of his lawyer, the arrest will be communicated to the Public Defender’s Office