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PCMG Delegado de Polícia study materials
PCMG Delegado de Polícia study resources

PCMG Delegado de Polícia: Criminal Procedure: Inquiry, Action, and Evidence

PCMG Delegado de Polícia · Work through your exam, one topic at a time.

All guide sections

Criminal Procedure: Inquiry, Action, and Evidence

What the exam tests

Criminal procedure questions focus on the inquérito policial, the ação penal, provas, prisões, and nulidades. You must distinguish the inquisitorial inquiry from the accusatorial process and know the guarantees of the accused.

Core concepts

  • Inquérito policial: administrative, inquisitorial, written, and dispensable; it does not require contradictory defense, but the lawyer has access to it (Súmula Vinculante 14).
  • Ação penal pública incondicionada, condicionada, and privada: know the conditions of procedure and the representation requirement.
  • Provas ilícitas: inadmissible, as are derivative evidences, unless an independent source exists.
  • Prisões: flagrante, preventiva, and temporária; each has distinct requirements and deadlines. Preventive detention requires fumus comissi delicti and periculum libertatis.
  • Nulidades: absolute, relative, and mere irregularities; the principle of pas de nullité sans grief.

Traps

  • Confusing flagrante with preventiva: flagrante is caught in the act; preventiva is ordered by a judge.
  • Súmula Vinculante 14 grants access to the inquiry to the defense, but not to documents that may compromise ongoing investigations.
  • Ação penal privada has decadência within six months of knowing the authorship.
  • Cadeia de custódia: questions test whether the chain of custody was preserved for evidence.

Rule of thumb

For each procedural question, ask: who acts, in what phase, with what judicial control? In the inquiry, the delegate acts; in the process, the judge and parties act. For evidence, check legality of the source before discussing weight.

Worked example

A search of a home without a warrant or consent, but with a fundada suspeita based on a strong smell of drugs and noises, may be validated by the courts under the theory of flagrante delito and the reasonableness of the suspicion. Yet if the suspicion is generic, the evidence is declared illicit. The exam expects you to identify the concrete basis and the absence of alternative means.