Inquérito policial e sua importância para a persecução penal no âmbito da justiça estadual

Abstract

The work however presented search here to give a bigger emphasis to the importance of the Police inquest, inside of the native legal system. The doctrinal manuals of Criminal proceeding, as well as great part of the scholars of the area, look for to define the Police inquest as being only one mere informative part, destined to the verification of a misdemeanor and its authorship. Few had gone deep the subject, having tried a thought, of that the related police procedure does not possess no significant value for the criminal procedural system. However we must remember that almost the totality of the criminal actions in course or already transited in judgeship, had been preceded of a Police inquest. For such, we observe when of the oferecimento of the denunciation engraved for the members of the Public prosecution service, titular exclusive of the criminal action it publishes incondicionada, it is initiated in the following way: “That in the day Consists of the enclosed Police inquest…, for return of…., john doe, followed of the exposition of the criminal fact with all its circumstances”. Of this form, to my agreement, the expression “mere informative part” would have to be expurgada of our doctrine, since, as he is cediço, all the produced tests inside of this important investigativo procedure, is most of the time, only repeated in Judgment. The police inquest is, yes, an important figure inside of the legal system, and although to be dispensable, in we raríssimos cases, is the same not used, being this important instrument that the State makes use, in the application of jus puniendi.