Código de Processo Penal Comentado | Flavio Meirelles Medeiros

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Art. 297. For the execution of a warrant issued by the judicial authority, the police authority may issue as many others as necessary for the investigations, in which the content of the original warrant must be faithfully reproduced.

copies of warrant

Necessity of possession of the warrant to carry out the arrest:  See the subtitle  Making article 287 compatible with article 289-A, paragraph 1, of the CPP in the title Display of the warrant and arrest in our comments on article 287, where we point out that, if the executor does not have the warrant, and if it is not registered in the database and the infraction is bailable, the agent will not be able to carry out the arrest (must provide in the warrant beforehand). This is, by the way, the only hypothesis (bailable infraction and warrant not registered in the database –  article 289-A ) in which the presentation of a warrant is essential for the arrest.

The authenticity and effectiveness of the warrant:  The warrants to be issued by the judge must all be signed (original and copies). Therefore, they cannot be simple copies, since all of them must contain the original signature of the judge. Copies, yes, but all signed. The present device under discussion states that the police chief may “dispatch as many others as necessary for the proceedings” If the norm says that the delegate  can issue  and that diligences can be carried out with them, it is concluded that the police delegate has the power to issue a copy of the judicial warrant, certifying its veracity and value.


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