The Ministério Público does not file a denúncia, ask for more investigation or ask for archiving within the legal deadline. What may the victim do under Article 29 of the Brazilian Criminal Procedure Code?
Answer and explanation
Correct answer: C. File a subsidiary private action (ação penal privada subsidiária da pública)
- Step 1: Article 29 of the Code and Article 5, LIX of the Constitution allow a private action when the public action is not filed within the legal deadline. Step 2. The victim files a queixa, and the Ministério Público may join, add to it or take over if the victim is negligent. Answer: File a subsidiary private action (ação penal privada subsidiária da pública). Why not the others: The Constitution itself creates the exception to the Ministério Público's monopoly when it stays inactive, the delegado cannot file a denúncia, and a judge cannot start a criminal action on his own initiative.
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