Inquérito policial, sistema acusatório e coisa julgada: uma análise à luz das modificações advindas do pacote anticrime

Abstract

This article discusses the new article 28 of the Code of Criminal Procedure (whose effectiveness is suspended), which was amended by Law 13.964/2019, known as the "Anti-Crime Package". We will try to understand how this change can be considered a form of approximation to the accusatorial system. Such change evidences the legitimacy of the Public Prosecutor's Office in the decision to close a police investigation, since it is no longer subject to the judge's approval. Given the interference of the magistrate, the nature of the decision to close the case will, therefore, be administrative and no longer judicial, resulting in reflection about the formation of res judicata, making us understand that, in the eventuality of the effectiveness of the aforementioned article, the aforementioned institute will not exist. However, since there will no longer be talk about res judicata, which is a right assured to the accused, it makes us conclude, through the qualitative method, the necessity of the existence, in the administrative scope, of an institute that guarantees the stability and legal security of the decision, which is the institute of the perfect juridical act. Glimpsing still, the possibility that the homologation of archiving be held by the Superior Council of the Public Prosecutor's Office, as occurs with the civil inquiry.