Código de Processo Penal Comentado | Flavio Meirelles Medeiros

Article 67º CPP – Do not prevent civil action.

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Art. 67. The following shall also not prevent the filing of a civil action:
    I – the order to archive the investigation or the pieces of information;
    II – the decision that deems the punishment extinct;
    III – the acquittal that decides that the imputed fact does not constitute a crime.

Nor do they preclude civil action

Archiving of inquiry or information does not preclude civil action: It does not matter that, when requesting that the investigation be closed, the Public Prosecutor’s Office stated that there was no proof that the accused was the perpetrator of the crime, or that there was no proof of the occurrence of the fact, or that it was proven that the accused had acted under the protection of excluding unlawfulness, the filing of civil action is not impeded. The archiving of the investigation does not preclude civil proceedings. The same goes for pieces of information. The reasons for filing it are of little importance, there is no prohibition against filing a civil action. According to the decision of Vânia Hack de Almeida, “this automatic transposition of effects cannot be invoked, from the criminal justice system to civil jurisdiction, when a criminal investigation has been archived due to the absence of just cause for the outbreak of a criminal accusation, before than recommended by art.Descend. Federal Vânia Hack de Almeida – PSAp. 5047807-49.2018.4.04.0000 – TRF4 ).

Decision that deems punishment extinct also does not prevent civil action:  The decision that deems punishment extinct (death of the agent, amnesty, grace, pardon, retroactivity of law that no longer considers the fact as criminal, prescription, decadence, peremption, waiver of the right to complain or pardon accepted, in crimes involving private action, retraction of the agent, marriage of the victim to a third party, judicial pardon) does not prevent the filing of civil action. These causes of extinction of punishment are listed in  article 107 of the CP , a device that is not exhaustive. There are other causes in the Penal Code and extravagant laws.

Acquittal sentence that decides that the imputed fact does not constitute a crime:  See subtitle Item III of the title Fundamentals of acquittal , in comments to article 66.


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