Decision to close the Policial Investigation: an analysis of the immutability of its effects
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....
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| Format: | Article |
| Language: | English |
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Instituto Brasileiro de Direito Processual Penal
2018-10-01
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| Series: | Revista Brasileira de Direito Processual Penal |
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| Online Access: | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/174 |
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| author | Antonio Eduardo Ramires Santoro |
| author_facet | Antonio Eduardo Ramires Santoro |
| author_sort | Antonio Eduardo Ramires Santoro |
| collection | DOAJ |
| description | 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. |
| format | Article |
| id | doaj-art-e2b957e9ece84ffe8d3be190be65ab36 |
| institution | DOAJ |
| issn | 2525-510X |
| language | English |
| publishDate | 2018-10-01 |
| publisher | Instituto Brasileiro de Direito Processual Penal |
| record_format | Article |
| series | Revista Brasileira de Direito Processual Penal |
| spelling | doaj-art-e2b957e9ece84ffe8d3be190be65ab362025-08-20T02:51:03ZengInstituto Brasileiro de Direito Processual PenalRevista Brasileira de Direito Processual Penal2525-510X2018-10-01431095111810.22197/rbdpp.v4i3.17499Decision to close the Policial Investigation: an analysis of the immutability of its effectsAntonio Eduardo Ramires Santoro0UFRJ e UCP - Rio de Janeiro/RJThe 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.http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/174arquivamentoinquérito policialefeitoscoisa julgadaimutabilidade |
| spellingShingle | Antonio Eduardo Ramires Santoro Decision to close the Policial Investigation: an analysis of the immutability of its effects Revista Brasileira de Direito Processual Penal arquivamento inquérito policial efeitos coisa julgada imutabilidade |
| title | Decision to close the Policial Investigation: an analysis of the immutability of its effects |
| title_full | Decision to close the Policial Investigation: an analysis of the immutability of its effects |
| title_fullStr | Decision to close the Policial Investigation: an analysis of the immutability of its effects |
| title_full_unstemmed | Decision to close the Policial Investigation: an analysis of the immutability of its effects |
| title_short | Decision to close the Policial Investigation: an analysis of the immutability of its effects |
| title_sort | decision to close the policial investigation an analysis of the immutability of its effects |
| topic | arquivamento inquérito policial efeitos coisa julgada imutabilidade |
| url | http://www.ibraspp.com.br/revista/index.php/RBDPP/article/view/174 |
| work_keys_str_mv | AT antonioeduardoramiressantoro decisiontoclosethepolicialinvestigationananalysisoftheimmutabilityofitseffects |