O arquivamento do inquérito policial: a sistemática inaugurada pela nova redação do art. 28 e o direito de manifestação do investigado

Abstract

The present article has the main goal analysing the new law writing of the art. 28 of the Penal Procedure Code given by the Law 13.964/19 under the focus of the new filling of the police inquiry, as well as the victim appeal and the possibility of manifestation of the person under inquiry. In that perspective, in the first plan, it will be analysed the original writing of the art. 28, before the advent of the law 13.964/19, with the goal of setting the differences between the two writings of this legal diploma, evidencing under the old procedure, that the form of filling did constitute a threat to the accusatory system grounded on the Federal Constitution of 1998. Nevertheless, the present research will analyse the new writing of the article 28 and its nuances, especially the right of manifestation of the person under inquiry in consequence of the previous possibility of appeal opposed by the victim. Therefore, it has been used the hypothetical-deductive method, such as a bibliographic research, above all doctrinaire fundamentals and judicial precedents. Thus, the present article has achieved as conclusion that the new writing of the art. 28, even though it hasn’t in it writing the manifestation of the person under inquiry, it shall be interpreted in order that admits the appropriate procedural moment for it to manifest itself, in view of the dictates of due process of law and adversarial principle.