Detalhes bibliográficos
| Ano de defesa: |
2018 |
| Autor(a) principal: |
Santos, Wanderley Alves dos
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| Orientador(a): |
Demercian, Pedro Henrique |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
|
| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/21877
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Resumo: |
This dissertation aims to analyze the simultaneity of civil and military police inquiries to investigate voluntary crimes against the life of the individual caused by military intervention – a recurrent situation due to the interpretation of the federal law 9.299/1996 and the Constitutional Amendment 45/2004, as well as considering the inobservance of the roles of both Military and Civil Polices according to the Constitution. Within the validity of the mentioned legislation, the jurisdiction to process and judge the referred crimes was transferred from the Military Court to the Court of the Jury. The Brazilian legal system forbids the simultaneity of criminal prosecutions, comprehending the police investigation, based on the limits imposed by the Brazilian Constitution through the principles of the dignity of the human person and the due process and its derivations (the due criminal process and the due criminal investigation); the prohibition of excess and the insufficient protection deriving from the principle of proportionality; the principle of the natural judge applicable on the police inquiry; and the principle of non bis idem. Despite of these constitutional limits and the limits of the constitutional competence of the Military and Civil Polices, the simultaneity of police inquires in some Brazilian States is clearly noticed, giving rise to the duplicity of the action of both Judicial Polices. In parallel, the Military Justice in the States has been issuing decisions in the police inquiries related to the crimes on reference. The simultaneity of civil and military police inquiries is not only a matter of competence, it requires the attention of judicial authorities and police institutions, since some its pragmatic consequences can cause harmful effects not only to the investigated but to the entire system, regarding to the apprehension of the objects and instruments at the scene of the crime; the dispatch of the arrest in flagrant delicto warrant to the military court, with the prejudice of the appreciation of the request of release by the ordinary courts; the non-definition of the competence to conduct the custody hearing and the decision on the request for telephone interception, as well as of search and seizure and the decree of preventive and temporary detention; the expansion of the hypothesis of preventive detention during the military police inquiry; duplicity of arrest warrants; appropriate typification in the case of intentional homicide; conflict between police institutions; the (im)possibility of arresting the accused (article 18 of the Code of Military Criminal Procedure) without judicial order; the duplicity of idictiment; the simultaneity of criminal process, and other occurrences discussed on this study |
