Criminal Procedural Law Course Fraga Prof º.

Fraga Doctrine: 1) 2) 3) 4) 5) 6) 7) 8) Code Reviewed By - Celso Delmanto General Part of Crimin al Law Doctrine - Damasio de Jesus or Fernando Fragoso Summary of Criminal Law a nd General and Special - Prof. Fraga Prescription Criminal Damasio de Jesus Inte rpreted Code of Criminal Procedure - Criminal Procedure Mirabete - Paulo Rangel Manual of Criminal Law - Fernando Tourinho Penal Code, Criminal Procedure Code a nd Special Laws - Marcellus Dolostri Lime and Angelica Glioche - Editora Lumen J uris. Prof. PITY HEITOR JUNIOR - THE BANK Police investigation 1) Concept: is an administrative procedure that has for purpose to gather proof of the materiality of the crime and sufficient evidence of authorship for the MP to provide the complaint or complainant to the complaint. Article 43, III CP. N ote: Due to this concept, we say that the IP is not required to offer the MP den ounces provided they have in their hands informative pieces of the existence of the crime and sufficient evidence of authorship, in which case, the MP provide t he complaint in within 15 days - Article 39, § 5 CPP. Conditions for Penal Actio n: Plaintiff's Complaint; Evidence of the crime and sufficient indication of authorship; When there is no evidence, introducing to the IP. The IP is not req uired for the offer of the complaint. If there is evidence, the prosecutor may o ffer the complaint. Note: Therefore, the MP may not offer the complaint without such evidence, otherwise the judge lest the judge rejected the legal brief (art. 43, III CPP - 2nd part), for lack of conditions for the exercise of criminal ac tion (lack of evidence). This being received, the defense must implore HC, requi ring the closing of criminal action for lack of just cause because of lack of ev idence pre-spoken (art 648, I CPP). Article 5 CPP - Unconditioned Article 5, § 4 CPP - Conditional Article 5, § 5 CPP - Private 2) Start IP a) Legal (art. 5, I CPP) - in this case the police authority will only initiate the IP, without request of the interested party, so only the crimes of public cr iminal action. Note: Since the crimes of criminal action Public Conditioned repr esentation or private initiative, the police authority will only initiate the in vestigation upon the manifestation of the interested party, as required by § 4 ( representation) and § 5 (application) of art. 5 CPP. Page 1 Criminal Procedural Law Course Fraga Prof º. Fraga Crimes against Sexual Freedom: Private Criminal Action. Public is conditioned to representation when the victim and her parents are inapt. It is unconditioned p ublic, when the violence part of parent, guardian or custodian. b) By Request (s end, order), the judge or MP (art. 5, II CPP). Also in this case the judge may e x officio or MP, requesting the introduction of IP, to the police, only for crim inal prosecution private unconditional, and in other cases it is necessary to re present the victim in public or conditional claim in a criminal action private. c) By Request, or News Crime (Notitia criminal), the offended party or his legal representative (the last part of art. 5, II CPP (public criminal action) and §

3 of article 5 of CPP (criminal private) ). Noticia crime - Concept: is the initial application of IP in which the victim will notify police or MP the existence of the crime of public criminal action or private. NOTE: Since this is the crime of public criminal action, the victim's lawyer should offer news Crime. Already in the crimes of private criminal action , the victim's lawyer should offer the Complaint Crime (rule), except for a dete rmination of fact which should provide Noticia Crime (exception). • Real injuria = public criminal action = Criminal = Notitia for calculation of fact (exceptio n). Difference between Crime News and Crime Complaint • The News is the initial requ est to the IP, whose application is the introduction of IP addressed to MP or po lice authority or the Judge. • Have a Complaint Crime is a writ of Private Crimi nal Action, whose application is the conviction or the pronunciation of wranglin g, the judge only as directed. • Art 394 CPP - the news crime "requires" the est ablishment of the IP, is a prerequisite. The criminal complaint is a prerequisit e for prosecution. d) by Representation of the Offended or their Legal Represent ative: § 4 art. 5 CPP. Concept: the initial application of IP crimes in a crimin al proceeding Publica Conditional representation, as required by § 4 of Art. 5 C PP. It has to have representation from the victim. NOTE: Since this is the crime of criminal action Publica Conditional representation, or the victim's lawyer c an provide the representation.€Example: Peter was a victim of the crime of actua l injury (unconditioned public suit), which originates from the fact is John As a lawyer of the victim indicate below the option page 2 Criminal Litigation correct: a) Crime Complaint b) Representation c) News Crime d) Condemns Crime e) N. R. A. Course Fraga Prof º. Fraga Note: Fact of prosecution publishes accompanied by evidence of the crime and the sufficiency of evidence of authorship, the victim's lawyer should offer the New s Crime, for the MP, requiring an offer of the termination, if the other requisi te to understanding the installation Survey. IMPORTANT NOTES: The crime of Crimi nal Action for Public Representation Conditioner: art. 24 CPP 1) bodily injury L ite (art. 88 of Law 9099/95). 2) Bodily Injury fault (art. 88 of Law 9099/95). 3 ) Bodily Injury culpable coming from car accident (§ unique art. 291 - Brazilian Traffic Code - Law 9503). 4) Crimes against the honor of public officials by fu nction - (§ Single, Part 2 of art. 145 CP) 5) Crime Threat (§ unique art. 147 CP ). 3) Time to complete the IP a) 10 days - in the case of the convicted defendant, beginning to flow from the day of the arrest of the defendant or indicted, not admitting in any way an exte nsion of this deadline, otherwise it would be relaxed to the arrest of the defen dant because the excess term in the conclusion of the investigation. (Rule of th e count of proof of criminal law) • The rule counts of criminal law contains wit hin itself the first day is excluded and the last day. • The Criminal Procedural Law, ruling out the 1st day and computes the final may be extended. • Defendant loose rule of counting the Criminal Procedural Law. NOTE: The police authority in the case of convicted defendant should apply the rule of Count-term criminal law, since the days of prison is computed, and therefore we are facing a deadlin e of Criminal Law, established in article 10 CP. Rule of evidence count of crimi nal law computes the 1st day and exclude the latter, not being permitted to exte nd the deadline (art. 10 CP). b) 30 days - defendant released - in the case of d efendant released, applying the rule of counting the term of Criminal Procedure, assuming therefore its extension. • Rule of the term count of Criminal Procedur

e - excluding the 1st day and the last computase, assuming the suspension or ext ension of time (art. 798, § 1 • page 3 Criminal Procedural Law and 3 CPP) Course Fraga Prof º. Fraga 4) The characteristics of IP a) Inquisitorial - does not admit the principle Contradictory b) secrecy c) Writ ten 5) Filing of IP NOTE: The authority to file the investigation is just the judge at the request o f MP (docket 524 STF) and Article 28 CPP. Precedent 524 STF Read five times the art. 28 CPP NJ What the judge's decision that ordered the closing of the IP? Res p.: Filed for lack of evidence (Article 18 CPP). a) res judicata Formal - Filed by the presumption. b) res judicata (art. 107 CP) - terminated either by prescri ption or extinctive cause of criminality. It Criminal Action Review or HC after the transit in judged of sentence. Resp.: The res judicata can not be changed in the records of the original action, but the Criminal Revision or HC, as only in favor of the Defendant, because there's Review Criminal Society, so only in fav or of the Defendant. Thus the defendant has two criminal cases in its favor: R eview Criminal - Criminal Action Private exclusive of the defendant, since the M P is not entitled to propose it, so only the Condemned or their relatives after death the defendant. HC - is not a criminal proceeding, Private of the defenda nt, why the MP or criminal action in favor of the Defendant precaution, anyone o f the people entitled to propose it or filed it, so only the convicted person or his relatives after death defendant. (The sponsor and any the people can). Note: Finally. The defendant also has two private resources: a) Protest for New Jury - Art 607 CPP b) embargo Infrigente and Nullity - art. 609, § single CPP. Division of Criminal Actions - art. 100 CP Public (rule) • • Unconditioned (rule) - art. 24, Part 1 Conditional CPP (exception) Represe ntation of Offended - art. 24, Part 2 CPP Request the Minister of Justice - ar t. 24, Part 2 CPP Private (exception) page 4 Criminal Procedural Law • • • Exclusive very personal Subsidiary Public Course Fraga Prof º. Fraga Criminal Action Public Representation of Conditional Offended or their Legal Rep resentative 1) 2) 3) 4) 5) Nature of Legal Representation Term Representation Representation Disclaimer Disclaimer Disclaimer Crimes of the Criminal Action Conditioned Publ ic Representation 1.€Natures Legal Representation - have two positions: 1.1. 1st Position - is a c ondition for the MP procedibilidade offer the complaint for criminal prosecution Conditioned Public Representation, as required by Part 2 of art. PPC 24. Articl e 43, III, last part of CPP. Article 43. The complaint or claim will be rejected if: III - it is obvious the illegitimacy of the missing part or condition required by law to pursue the pros ecution.

Otherwise should reject. Note: Due to this concept of representation, the MP may not offer the complaint without representation, as required by art. 24, Part 2 CPP, otherwise the judge dismiss the complaint for lack of conditions required b y law to pursue the criminal case - art. 43, III, Part 2 CPP. Otherwise the defe nse will petition for Habeas Corpus aiming to lock the prosecution for lack of j ust cause for the defendant to answer it, because of the lack of representation. - Art. 648, I CPP. 1.2. 2nd Position - is a cause of criminality extinguish whe n the representation is carried out after the legal deadline (six months or thre e months dealing with crime press release), as stipulated in art. CPP 38 and Art icle 107, IV CP. The legal and Decadencial. Note: So the victim can not provide the representation after the time appointed, otherwise, the MP require the filin g of the representation due to the decay of the right of representation. Otherwi se the judge shall dismiss the complaint on grounds that the question of crimina lity or extinguish if the MP will provide termination, the judge should dismiss the complaint - art. 43, II CPP. However, received the complaint, the defendant' s attorney filed a Habeas Corpus because extinctive of punishment, aiming to loc k the prosecution for lack of just cause, because of the Decay of the right of r epresentation - Art. 648, I or VII CPP. 2. Deadline for Offer Representation: A) Six months beginning to flow from the day the victim or his representative page 5 Criminal Procedural Law Course Fraga Prof º. Fraga Legal took note of the fact of authorship, applying in this case, calculating th e time of the criminal law, because the days of knowledge of the authorship of t he fact is computed (article 38 CPP). NOTE: Rule Count Deadline Criminal Law - c omputes the first day is excluded and the last day. B) three months, because it is a crime of the press (libel, slander and libel), beginning to flow from the p ublication or broadcast of the event (art. 41, § 1 of Law 5250/67) and applies a lso to count within the Criminal Law. NOTE: The legal nature of the Term of Repr esentation or Complaint is Decadencial, not admitting in any event the extension or suspension or interruption of the term, therefore, the words "prescribe" con tained in § 1 of art 41 of Law will move to " had gone off. " To provide represe ntation or criminal complaint requires greater age. Note: When the legal represe ntative of the victim under 18 years not exercising their right to complain of r epresentation in this case we have two doctrinal positions. 1st position: The vi ctim less, having completed 18 years may exercise the right to claim or represen tation, since this right is not available to the victim (minor), so the time to offer a representation or complaint can not flow on the lower (doctrinal positio n in favor of the victim). The period in this case will begin to flow from the d ay the less complete 18 years (major). 2nd place: The victim (minor) to complete the 18 years may not exercise the right of complaint or representation, since t he term is one for the victim (victim) or to his legal representative, contribut ing therefore well decayed (decay) the right or claim to represent the victim is under 18 years (doctrinal position in favor of the defendant). Note: The legal representative may be the father, mother, brother or spouse if married. Article 31 CPP. . 3. Disclaimer of Representation: MP take place before the offer of the complaint . Article 25 CPP 4. Disclaimer of Disclaimer: There is nothing less that new rep resentation occurring within a period of representation - representation from si x months B - Representation Disclaimer - Archive - Start a Petition of the Discl aimer Disclaimer. 5. Crimes Criminal action Conditioned Public Representation: 1 ) Take Bodily Injury (Article 88 Law 9099/95) 2) Bodily Injury fault (Art. 88 La w 9099/95) 3) Bodily Injury culpable coming from car accident. (Art. 303 § CTB a

s one of article 297 Code of Transito Brasileiro) Page 6 Criminal Procedural Law Course Fraga Prof º. Fraga 4) The crime against the honor of public employees by function.€(2nd part of one of Art.145 § CP) 5) Crime Threat (Art.147 § single CP) 6) Crime of Violation of correspondence (art. 151 and following CP) 7) Breach of Professional Secrecy (a rt. 154 et seq) 8) Theft of Common Things (art. 156, § 1 CP) 9) The crime agains t property without violence or serious threat to the person (theft, appropriatio n in debt, embezzlement, fraud and other fencing) when the author this crime is: a) Ex-spouse, legally separated from the other former spouse (art. 182, I CP) N ote: Ex-spouse divorced public criminal action. b) Brother against Brother (art. 182 CP II). c) uncle against nephew, nephew against uncle living under one roof (Art. 182, III CP) Note: Living in separate house public criminal action. Examp le: Pedro subtracted his uncle's car round in 2006, as counsel for the victim ti ck the correct option: A) Crime Complaint B) Crime News (public criminal action) C) Representation D) Termination 10) Crimes against sexual freedom (Rape, indecent assault, possession sex through fraud, sexual assault through fraud, sexual harassment and corruptio n of minors) - When the victim is poor or their parents. (Art. 225, § 2 CP) Note: These are promoted through the Crime Complaint, however, are promoted thro ugh the public criminal action. Art 213 and 216 CP Example: A 12-year-old was th e victim of the crime of rape committed by an acquaintance of 18 years of age. T ick the correct option: A) Crime of Rape / Crime Complaint B) Crime of Rape / Ne ws Crime in view of the victim is under 14 years. C) Crime of Rape / Representat ion D) NRA Note 1) If the answer is representation, it is necessary that the vic tim is poor. 2) To which the answer is "Crime News, it is necessary that the aut hor is the father, guardian or trustee. page 7 Criminal Procedural Law Course Fraga Prof º. Fraga Public Criminal Action Conditional Request to the Ministry of Justice - Request a legal nature - is a condition of federal MP procedibilidade to provi de the complaint in the crimes of criminal action Conditioned Public representat ion. (Art. 24, part 2 CPP). Note: These crimes are: slander, libel, slander, aga inst the honor of the president or head of a foreign government (part 1 of artic le one of § 145 PC). There is no deadline for the Ministry of Justice provides t he request. exclusive private criminal action - the initial application of thi s action is the complaint offered by the victim or his legal representative - ar t. 30 and 31 CPP. Example crime against honor - art. The terms of the CP 145 cri minal complaint in this private prosecution. Are the same representation (art. 3 8, CPP, art. 41 § 1 of law 5250/67 - crime press release), applying including Co unt Deadline Criminal Law. NOTE: The legal and decadencial. • Crimes of a crimin al action Exclusive Private) Crime against Honour - part 1 of article 145. CP un less: a) it is against employee by function - affect representation. b) When the victim is the president or head of a foreign government - Public Conditional Re quest to the Minister of Justice. c) When it comes to real injury - Public Uncon ditioned - art. 145, part 2 CP. Note: Injury Real - are insulting words accompan

ied by physical or moral (art. 140, § 2 CP). If physical aggression occur in agg ravated, the agent responds by competition for the crimes of material injury and serious personal injury. Slander - is that false, defined as crime. Eg: When yo u talk specific facts that made that third set crime. The smearing occurs orally . Turns writing slanderous denunciation, giving rise to prosecution say that som eone stole particular object. Read case law on the subject of arts. 138 - 339 an d slander - slanderous denunciation. Defamation: false given the fact that crime does not configure. Eg: Faggot why you're kissing with another on the corner In jury - Article 139 CP - are isolated words. Eg: Gay 2) Section 139 - defame someone, imputing to it the fact offensive to its reputa tion: • Harm crimes, namely: (art. 167 CP) a) Simple Damage - art. 163 CP b) Damage Qualified - normative selfish or substantial injury to the victim art. 163, § single IV CP. page 8 Criminal Procedural Law Course Fraga Prof º. Fraga c) initiate or maintain the animal in foreign property without owner's consent, causing him damage - art. 164 CP. Remarks: 1) The others are of public criminal action. 2) The crime of corruption is punishable as occurring only in the way in tentionally wrongful conduct is atypical due to lack of standard€in view of the art. 18, § single PC, accepts punishment as culpable as provided by law. 3) The crimes are culpably negligent homicide, negligent injury, embezzlement and recei ving stolen negligent manslaughter. These crimes do not tolerate attempts, howev er coauthorship. 3) Crime Fire - Obs danger is a crime, the harm caused by fire to the building located next to other properties of others or causing injury to life or physical integrity of persons, in this case the agent liable for the cri me of arson, because hazard to other property or the life or physical integrity of persons. Competition Matters, or several actions different results. Article 2 50 CP Note: the crime of corruption is only punishable as intentional, occurring as culpable, the conduct is atypical due to lack of standard. Article 18, § sin gle CP Note: Crimes involuntary: • Manslaughter; • Bodily Injury culpable; • Rec eiving culpable; • Embezzlement wrongful others are intentional. CP 47 Art Conte st Formal - a single action several of the outcome 4) Fraud in Execution - art. 179, § single CP. 5) crimes against sexual freedom - art. 213-216 CP 218 and CP - rule as art. CP 225, unless: Rape Article 213 - a woman to have carnal, by violence or serious threat: Indecent assault Art 214 Sexual possession through fraud Article 215 Indecent exposure through fraud Article 216 Sexual harassment page 9 Criminal Procedure Law Article 216-A under Article 218 of Corruption

Course Fraga Prof º. Fraga a) The victim is poor or their parents are poor - the Conditional Public Represe ntation. (Art. 225, § 2 CP). b) When the author of this crime are the parent, cu stodian, guardian or stepfather - Public Unconditioned (art. 225, § 1, CP II). c ) When the crime of rape or indecent assault, place the victim's death or seriou s bodily injury - public criminal action - art. 223 CP. Remarks: 1) In the crime of rape or indecent assault occurs tender agent, co-authors (if more than one p erson executes the crime or is present in the execution of the crime) or partici pation (participate - it is not present at the execution site, only contributed to a survey, information, payments, inducements, financing). 2) The crime of rap e or indecent assault to defend the continuing offense occurs (art. 71 CP), and ever tender material when two accused has carnal intercourse with the victim, a safe for another carnal knowledge and maintaining vice versa, through a competit ive people. (Art. 226, CP I) 3) When the woman holds the man the victim to keep conjunction, the woman and the man involved will answer for the crime of rape as aggravated by competition for people. Article 213 combined with article 226, I all of the CP. 4) The taxpayer's sex crime through fraud is the woman may be hon est or not, and should take place to carnal intercourse by fraud. Article 215 CP . 5) The person subject to the crime of indecent exposure by fraud, can be both a man and a woman. The 12-year-old remained carnal conjunction with B 18 by frau d, by promising the victim a doll Bardi. What is the legal position of B crimina l? a) crime of rape - because of alleged violence. b) indecent assault through f raud c) and corruption of minors) NR A 6) Arbitrary Exercise for the very reason s people without Violence - art. CP 345 Comments: Action violence with the Publi c Unconditioned Criminal action Private highly personal - the initial application of this action is the complaint crime, as offered by the contractor only fooled, in crime of solicitation to err or page 10 Criminal Procedural Law Course Fraga Prof º. Fraga essentially blind and unable to attend. Deadline to deliver the complaint is of six months beginning to flow to give birth to the date of res judicata ruling an nulling the marriage (art. 236, § single PC). Action Sentencing of Public Private Subsidiary - occurs when the PM leaves offer denounces the statutory period (five days or 15 days defendant arrested de fendant released) as determined by art. 29 CPP. The initial application of this action is the criminal complaint, offered within six months or three months in c ase of crime of the press, beginning to flow from the day that the deadline runs out of MP to provide complaint (art. 38 last part CPP ). INVESTIGATION polical - art. 157 CP Section 157 - Subtract movable others, for themselves or others, against serious threats or violence to person or, after having elicited it by any means, reduce d to the impossibility of resistance: Offers Crime Complaint - Article 29 CPP Article 29. Private action shall be allowed for crimes against public order, if this is not brought within the statutory period, while the prosecutor added the complaint,€divorce her complaint and offer a replacement, to intervene in all te

rms of the process, provide evidence, appeal, and at all times in case of neglig ence of plaintiff, the action to resume the main part. Receipt of Complaint Crime - art. 394 CPP Article 394. The judge receives the complaint or the complaint, designate days a nd hours for questioning, ordering the defendant's summons and notifying the pub lic prosecutor and, if, the plaintiff or the wizard. Interrogation - art. 185 CPP Article 185. The accused, who are arrested or appear spontaneously or under subp oena before a judicial authority in the course of criminal proceedings, will be qualified and questioned. Defense Preview - art. CPP 315 Period of 3 days - List of Witnesses Article 315. The order or decree denying probation will always be substantiated. 5349 of 03.11.1967) (Writing by Law No. Summary Charge - art. 401 CPP Article 401. The prosecution witnesses will be heard within twenty (20) days if the defendant is arrested, and 40 (forty) days when released. Summary of Defense - Art 396 c / c art. 401 CPP Article 396. Presented or not the defense will carry the examination of witnesse s, and the accusation to be heard first. Article 401. The prosecution witnesses will be heard within twenty (20) days if the defendant is arrested, and 40 (fort y) days when released. Diligence - art. 499 CPP within 24 hours Article 499. After the examination of witnesses, parties - first the prosecutor or the complainant, within 24 (twenty four) hours, and then, without interruptio n, within that same period, the defendant or defendants - may require the steps, which need originates or convenience of circumstances or facts found in educati on, rising just concluded and the case file to the judge aware of what has been requested by the parties. Final Claims - art. 500 CPP Deadline 03 days Article 500. Those periods had expired, without application of any party, or com plete the steps required and ordered, will open a view of the case, claims for, successively, by three (03) days: I - the prosecutor or the complainant; II - th e wizard if it is established; III - the defender of the defendant. Page 11 Criminal Procedural Law Course Fraga 1 Accuser 2nd Appellate Defense - art. CPP 593 Deadline 05 days Prof º. Fraga Article 593. Be appealed within five (5) days: Judgement of the Appellate Dismissal of Appeals Unanimously Votes - Deadline 15 days Special Appeal - art. 105, III, CRFB/88. Negative for Provision of Appeal or Appeal in the Strict Sens e by absolute majority of votes. Deadline 10 days. And reverse or annul Article 105 - It is the Superior Court of Justice: Nullity - art. 609, § single CPP. III - judge, on special appeal, cases decided in a sole or last instance, the Fe deral Regional Courts or by the courts of the States, the Federal District and T erritories, when the contested decision: a) contrary to a treaty or federal law,

or deny effectiveness thereof; Article 609. Appeals, appeals and embargoes will be judged by the Courts of Justice, chambers or criminal groups, according to t he competence established under the laws on judicial organization. (Writing by L aw No. 1720-B, 03/11/1952) Sole Paragraph. While it is not unanimous appellate r uling unfavorable to the defendant admit to reverse or annul and void, which may be opposed within 10 (ten) days from the publication of above, in the form of a rt. 613. If the disagreement is only partial, the embargoes will be restricted t o the subject matter of disagreement. (Paragraph added by Law No. 1720-B, 11/03/ 1952) Legal Nature of Interrogation defense or evidence. To have a special appeal to matters of law and must be pre-questionable Resources Two Private Rooms for Defendant: • reverse or annul; • New Protest by Jury. The Defense Prior is ap propriate after the interrogation. Forgiveness court will only occur in public criminal action. Decadence, perempção, accept forgiveness, renunciation - onl y occur in private criminal action Perempção - art. 60, I CPP - when the plainti ff fails to comply with a procedural act within 30 days - Abandonment Process. T erminates on criminality. Deadline of final arguments - 3 days. Only occurred in Criminal Actions Private Exclusive and very personal. Remarks: 1) Does not appl y to criminal action perempção in Public Private Subsidiary, as the MP returns o wnership of the criminal action by reason of negligence of the plaintiff (art. 2 9, last part CPP). 2) So the question is perempção extinctive of criminality so only in private criminal action solely or very personal (art.€60, I CPP). 3) The Criminal Public Action: The initial application of this action is the complaint offered by MP - art. The CPP 24 Public or Private Criminal Action begins with t he receipt of the complaint or grievance - Art 394 CPP page 12 Criminal Procedural Law Course Fraga Prof º. Fraga Remarks: 1) This decision must be substantiated, under penalty of nullity, since the whole court art. 88 CRFB/88 requires sufficient justification. Article 93, IX CRFB/88. 2) The judge is not receiving the complaint or the complaint may be appealed in the strict sense (art. 581, I CPP), except for criminal jurisdiction of the Special Criminal Court that the appeal is appropriate Appeals within 10 days (art. 82 Law 9099/95), also fits the crimes Appellate Press art. 44 Law 525 0/67. 3) Legal Nature of the Complaint) order (rule) b) Procedure, since the app licant's complaint is the pronunciation of the defendant in willful crimes again st life. (Crimes of the Court Jurisdiction of the Jury). 1st Phase Sumariante to show whether the defendant acted intentionally. Final, the promoter promotes libel damning. In Round 1, the promoter offers the complaint and asks the pronun ciation that leads to the judge, prosecution, dismissal, acquittal, sentence dec ommissioning; articles 408, 409, 410 and 411 CPP. The decision disregards the de sclassificatória felony for manslaughter or preterdoloso art. CPP 410. Summary a cquittal - if the defendant commit the crime by one of the excluding illegal act ivity or if it is supported. Inimputável - is the decision on the merits is res judicata does art. 74, II CPP. ?????????? Dismissal - where lack of written evid ence or proof of materiality - does not res judicata. Article 574, CPP I and II - The judge uses his own sentence to pronounce = Resource Office or mandatory = Summary of acquittal also occurs when a judge grants office. ............. and a lso when granting .......... defendant's ???????? Having judged the traffic in t he MP offers Accusatory Libero. Request that the council decides sentence for th e acquittal or conviction for declassification, arts 386, 387 CPP. What is the L egal Nature of Pronunciation - interlocutory decision not mixed terminative What is the legal nature of the dismissal - is a decision without a trial on the mer its that ends the process. Legal Nature of the Crime Complaint) damning b) Proce dure - Once the applicant's complaint is the pronunciation of the defendant in c

riminal action in the Public Private Subsidiary of willful crimes against life. Page 13 Criminal Procedural Law Course Fraga Prof º. Fraga PRINCIPLES OF CRIMINAL ACTION 1) Convenience or Opportunity 1) Requirement 2) availability 2) Unavailability 3 ) Indivisibility 3) Indivisibility 4) Responsible Personnel Criminal or 4) Crimi nal Personnel Officer or Intranscedência - criminal action is merely the Intrans cedência - criminal action is just the person accused his family of the accused person for your family 5) of the officers - so the only public criminal action Principles of Criminal Procedure 1) 2) 3) 4) 5) 6) The Real Truth; of procedural equality of parties; Identity Ph ysics judge, the adversarial, legal defense, due process. The causes extinct Punishment of Private Criminal Action. 1) Decay, 2) Perempção 3) Forgiveness Accepted, 4) Waiver of Right of Action NOTE: Accepted Forgivenes s is also extended to the other, unless it disagrees with forgiveness. Article 5 1 CPP. Note: Waiver of Right to Complain extends to other disputes due to the Pr inciple of Individuality - art. 49 CPP Prison: 1) Prison for Pena (Final) - will occur with the force of res judicata of convic tion, also called Prison Definitive. 2) Prison without charge or procedural or p rotective or provisional (it stuck by a process without charge) - can be modifie d at any time as follows: a. Flagrant in prison (Articles 301 and following CPP) Legal nature - Preventive Action Penal Procedural in nature and may be modified before the force of res judicata of conviction. - Flagrant Required - who has t he duty to arrest in flagrante - police or their agents (art. 301, part 2 CPP) Flagrant Optional - who may hold in flagrante - anyone the people, judge or pro secutor. - The requirements authorizers from prison in the act, ie the circumsta nces flagranciais authorized arrest in flagrante namely: Own Flagrant or Real (art. 302, I and II CPP), where the agent is page 14 Criminal Procedural Law Course Fraga Prof º. Fraga practicing the crime or just practice in which case appear in the APF - blatant self imprisonment in this circumstance,€on pain of invalidity of the prison in o rder that the defendant was not in a state of striking, it should be very relaxe d. Inappropriate or Blatant Blatant Almost (art. 302, III CPP), when arriving at the site of fact, soon after, goes in pursuit of the defendant being found, h ours or days later, give him under arrest, plowing the APF and should include th e fact flagrancial who was the defendant, under penalty of imprisonment be relax ed because of the reason indicated. Assumed Flagrant or Ficta (art. 302, IV CP P), when soon after to leave the site of the fact the defendant is found with th e murder weapon or object of the victim, gives voice to prison, assuming he is t he author of the fact, and must appear in the APF this condition, otherwise the reasons given. The Candid shots Valid: - Own or Real - Improper or Almost Blatan t - Blatant Presumed or Ficta - Flagrant Expected The Candid shots not valid - R eady - Summary 145 STF) - the police - Provoked - at this particular - Forged. b.

Preventive Detention - Art 311 and 312 CPP Legal Nature - is a precautionary arrest of a procedural nature. Authoritative requirements of probation - art. 312 CPP a) Guarantee of Public Order or Economy b) For Convenience of Criminal Investiga tion; c) To ensure enforcement of criminal law. Note: 1) Already the evidence of the crime and sufficient evidence of authorship , are not elements authorizers of probation, but "complementary". 2) The detention may be ordered i n the course of "police inquiry" or Criminal Procedure, to request a) prosecutor - MP b) Plaintiff's private prosecution; c) by representing the police authorit y Page 15 Criminal Procedural Law Course Fraga Prof º. Fraga c. Temporary Prison - Law 7960/89 Article 1 Law 7960/89 Art 1 - It will be temporary detention: Prison Term for Temporary a) 5 days, renewed for another five days, not heinous crime. b) 30 days renewabl e for another 30 days, heinous crime. Note: The Legal Nature of Temporary Detent ion is protective of a procedural nature. Therefore, the court may draw the temp orary detention of precautionary or preventive or procedural, and to establish t he term of prison. Difference between the Preventive Detention and Temporary: Te mporary Prison - could be enacted only as headquarters police (verification pr ocess of investigation, police investigation.) Preventive imprisonment may be imposed on the police inquiry or criminal investigation. Soon the judge may not grant custody in place of VPI, there may also enact temporary detention Question : Paul, after his judicial interrogation, the judge ordered his arrest caution. As counsel for Defendant tick the correct option: a) Revocation of probation, b) Withdrawal of temporary detention, c) A and B are correct d) Relaxation in pris on. Note: For the judge to detain or temporary should base its decision, under p ain of absolute nullity, here's the reasoning is essential to the validity of an y court order - art. 93, IX CRFB/88 and art. 115 CPP. Prison under indictment art. 408, § 1 CPP - occurs when the judge decide the case the Defendant existing authorizers a requirement of probation, the judge may declare this prison. Prov isional freedom (through) - is an institute of criminal procedure that guarantee s the defendant to answer the process free up the transit in judged of sentence. But the parole is an institute of criminal procedure that guarantees for inmate s to fulfill the remainder of their sentence in freedom, convicted, the penalty of not less than two years (no less right), provided you have completed: parole (under arrest by penalty) => free to meet the 16 page Criminal Procedural Law Course Fraga Prof º. Fraga remainder of sentence to freedom) More than one third of the sentence, King reci divist and non-felony offender for good or bad record (art. 83, I CP). b) More than half in the case of defendant in a recidivist felony (Art. 83, II CP).

. c) More than 2 / 3 convicted in hate crime (art. 83, V CP). NOTE: The heinous crime does not allow the progression of the system because the defendant must serve his sentence in closed regime, obtaining parole when compl eted more than two thirds of his sentence. Remarks: 1) Defendant in relapsing heinous crime, shall not be entitled to Deliv erance Conditional. 2) Defendant sentenced to less than two years, in recidivist felony is not entitled to parole, but the progression of the scheme or amnesty. 3) Rel apsed, when the Defendant practicing new crime of res judicata after the first c rime - (Art. 63 CP). Important Notices: Read Court of art.€63 CP Read art. C P 77 - probation (probation) Read art. 89 Law 9099/95 - conditional suspension of proceedings 1) Defendant arrested by imprisonment in the act, the process to respond in freedom will require: A) Mandatory parole (art. 310 combined with ar ticle 34 CPP), B) Provisional Freedom bound (art. 310 § single CPP), C) Relaxati on of Prison (art. 5, CRFB/88 LXV) 2) The convicted defendant through the arrest process to respond should request revocation released from custody - art. CPP 3 16 bail Mandatory - if the defendant committed the crime of unlawful exclusionar y by the (self-defense, this necessary, regular exercise of law or strict compli ance with legal obligations - Art. 23 CP), and the judge granted the freedom, an d In order that the judge may not grant custody of the Defendant who committed a lso by the fact of illegal exclusionary - (art. 310 combined with art. 314 CPP). Note: The Delegate may fining the defendant in the act and appear on an APF (Au tos Prison in Flagrante) the exclusion of unlawfulness that was the culprit (cap ut page 17 Criminal Procedural Law Course Fraga Prof º. Fraga art. 310 CPP) or sets in the IP (Police Investigations) and indicates the defend ant, under penalty of practicing the Crime of Malfeasance (art. 319 CPP). Provisional Freedom Bound - when checking in inocorrência of the APF authorizers probation requirements (guarantee of public order or economic, for c onvenience of the criminal investigation or to ensure the application of crimina l law, as determined by art. § 310 CPP only and should demonstrate the absence o f such requirements through the criminal records, evidence of work and residence . This requirement is called the Subjective Accused (subjective requirements). N OTE: Defendant is arrested for blatant felony, the arrest was legal and did not commit the crime by excluding illegality defense should apply for bail bound, sh owing the absence of the requirements of probation. NOTE: The bail for the Crimi nal Procedure Code itself is not the right of the defendant, but a college judge d in view of the term "may" contained in the caption art. 310 CPP. Since for doc trine and the Court bail is a subjective right of the defendant to a procedural nature. Provisional liberty on bail - all crimes are bailable arrest when the minimum sentence of restraint applied to the crime is equal to or less than two years' imprisonment (art. 323, I CPP). NOTE: To enj oy bail the defendant will not be in felony recidivist. (Art. 323, III CPC) Rela xation Prison - will occur when the arrest is illegal. Revocation of probation - occurs when there is no reason for the custody, as required by art. 316 CPP.

Criminal Resources: Action in the strict sense (article 58 CPP); Embargoes Declaration (art. 382 and 619 CPP); Appellate (593 CPP); Protest for New Jury (art. 607 CPP), and reverse or annul Nullity (art. 609, § single CPP); Habeas Corpus Appeal in Ordinary (art. 105, II, "a" CRFB/88); Testimony Charter (art. 639 CPP) Note: R ead the article. 581 and 593, CPP II - after answering question 7 of questionnai re. Page 18 Criminal Procedural Law Course Fraga Prof º. Fraga Page 19