Decision to close the Policial Investigation: an analysis of the immutability of its effects

• Autor(a) principal: Santoro, Antonio Eduardo Ramires
• Data de Publicação: 2018
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Processual Penal (Online)
• Texto Completo: https://revista.ibraspp.com.br/RBDPP/article/view/174
• topic: archiving act; police investigation; effects; res judicata; immutability.; arquivamento; inquérito policial; efeitos; coisa julgada; imutabilidade

The immutability of the decision to close the police investigation and the other information is a subject that is not very much regulated by law and is problematic in Brazilian criminal procedural theory, especially in view of the edition of the Precedent 524 of the brazilian Supreme Court in 1969. The problem that faced in this work is whether the decision to close the police investigation is a judicial act whose content becomes immutable by the res judicata. Methodologically a bibliographic review was carried out to revisit the subjects of the legal nature of the decision to close the investigation and the authority of the res judicata, as well as an analysis was made of the applicability of the precedente 524. It was concluded that the decision to close the police investigation is a final judgment and, when the decision to close the investigation judge the merits, the res judicata became immutable.