Indictment in police inquiry as an act of coercion

legal or illegal

Authors

  • Sylvia Helena F. Steiner

Keywords:

Indictment, Police inquiry, Habeas corpus, Illegal coercion, Human dignity

Abstract

The article comments on a Superior Court of Justice judgment that decided that mere indictment in a police inquiry is not an illegal coercion remediable by habeas corpus. The methodology used is the jurisprudential and doctrinal analysis of the indictment institute and the writ's admissibility. The exposition examines the dissenting vote of Minister Cernicchiaro and the principles of adequacy, necessity and proportionality, confronting precedents that recognize the vexatious nature of indictment. The investigation concludes that the act is only legitimate with sufficient evidence of authorship and materiality, and habeas corpus is the adequate means to correct indirect coercion against dignity.

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References

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Published

1998-10-01

How to Cite

STEINER, Sylvia Helena F. Indictment in police inquiry as an act of coercion: legal or illegal. Brazilian Journal of Criminal Science, São Paulo, v. 24, n. 24, p. 305–308, 1998. Disponível em: https://publicacoes.ibccrim.org.br/index.php/RBCCRIM/article/view/3796. Acesso em: 20 oct. 2026.

Issue

Section

Comentário de Jurisprudência
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