Mutatio libelli (Change of the charge)
It is the new legal definition of the fact, resulting from new evidence and new facts discovered after the indictment, which modify the criminal classification under which the defendant was charged.
In this case, during the Criminal Action, the 'Facts' appear to be different from those narrated in the indictment.
When this happens, the prosecutor must, within 5 (five) days, file an amendment to the Indictment; once this is done, the judge, at the request of either party, shall designate a day and time for the continuation of the hearing.
I highlighted 'either party' because, naturally, the legitimacy to present the indictment must be respected.
Public Action: the Public Prosecutor's Office. Private Action: the injured party, or whoever has the capacity to represent them. And Subsidiary Private Action, under the terms of article 29 of the CPP (Brazilian Code of Criminal Procedure).
