Nulidades no processo penal: o inquérito policial e suas “meras irregularidades”

Abstract

The nullities in the criminal proceedings consists in flaws or legal violations inserted in a procedural act or in the process as a whole, partially or totally. Thus, the nullities inserted in the policy inquiry scope, a proceeding with administrative pre procedural nature, are characterized as “mere irregularities”, not offering any kind of risk or influence in the criminal procedural scope, where the simple rectification or withdrawal from the irregularities are enough to solve the problem. So, this work aims to analyze the influence of the so called mere irregularities in the criminal procedural scope, certifying if, in fact, there isn’t any kind of contamination that exceeds the “mere irregularities” assortment and induce directly or indirectly the progress of criminal proceedings and magistrate choice, in other words. biasing the judicial sentence itself. With this purpose, the hipothetical-deductive method was used, listing a hipothesis that will be tested, built with qualitative research, with bibliographic nature, characterized by a bibliographic survey of the theme in books, articles, papers and jurisprudence, mainly about the exploratory and subjective character of analysis, approaching the theme about the minority doctrine scope defended by Aury Lopes Junior, as well as analysing the judge figure about the concepts of the identity of the constitutional subject and social informal control. In short, the research will enter in the nullities occurred in the police inquiry and its possible effects in the procedural phase of a judgement.