Os limites jurídicos ao desarquivamento do inquérito policial: uma análise crítica da jurisprudência atual do Supremo Tribunal Federal

Abstract

This work aims to juridically analyze the Brazilian Federal Supreme Court jurisprudence about the possibility of reopening the police investigation, having as main focus the critical analysis of the Court decision in Habeas Corpus nº 87.395 / PR, according to which it is valid to reopen the police investigation even if it has been closed by the determination of a judicial decision that recognized the presence of a cause that excludes the illicitness. It seeks to examine the legal nature and effects of the decision that closes the police investigation, in order to understand whether there is the constitution of res judicata. The study was developed based on a jurisprudential and bibliographical research, including as support material, books, scientific articles and queries to electronic sites, in addition to the national legislation related to the subject. For the effective understanding of the thematic, the foundations and characteristics of the preliminary investigations, with main focus in the police inquiry, were explored, as well as the procedure of the inquiry archiving foreseen in article 28 of the Criminal Procedure Code, and the reopening of the investigations foreseen in article 18 of the same law. Then, there is an exposition of doctrinal positions about the legal nature of the decision that determinates the inquiry archiving and its effects, mainly as to the constitution or not of the res judicata. Finally, the Federal Supreme Court most important judgments are exposed and examined, and the Habeas Corpus nº 87.395/ PR judgment decision is critically analysed, bringing the losing votes most important aspects and relating them to institutes of criminal procedural law.