Habeas Corpus Nº 95.211/es

Habeas corpus. Processual penal. Trancamento de acao penal. Inquerito policial: Arquivamento ordenado por juiz competente a pedido do Ministerio publico, com base no estrito cumprimento do Dever legal. Excludente de ilicitude. Antijuridicidade. Desarquivamento. Novas provas: possibilidade. Sumula 524 Do supremo tribunal federal. Ordem denegada. 1. A decisao que determina o arquivamento de inquerito policial, a pedido do Ministerio Publico e determinada por juiz competente, que reconhece que o fato apurado esta coberto por excludente de ilicitude, não afasta a ocorrencia de crime quando surgirem novas provas, suficientes para justificar o desarquivamento do inquerito, como autoriza a Sumula 524 deste Supremo Tribunal Federal. 2. Habeas corpus conhecido e denegado.

Rel. Min. Cármen Lúcia

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Jurisprudência STF/STJ

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