Paris Saint-Germain forward, Neymar was accused of rape by Brazilian model Najila Trindade in June. The charges against the footballer have however been dropped due to lack of evidence.
The Sao Paulo attorney general's office said that final ruling will be made by a judge.
Prior to this, the police decision will be sent to prosecutors who will have 15 days to evaluate the case.
A spokesman for Neymar said he was not able to comment on the police decision.
Sao Paulo police are due to hold a news conference on Tuesday.
Neymar was accused of raping the model in a Paris hotel, which the Brazilian footballer has been denying vehemently. "Yes, I'm going to a psychiatrist. They've helped me a lot because I couldn't manage everything that had happened, it all happened at once,” Trindade was quoted as saying about the trauma she underwent due to the incident.
She feels she has been treated unfairly by the Brazilian judicial system and the media. The whole incident dominated headlines in the soccer-mad country for weeks, overshadowed Brazil's preparations for the Copa America.
Hosts Brazil went on to win South America's showcase tournament earlier this month without their biggest player, who was injured in a warm-up friendly before the opening match.
The scandal blew up on June 2 when Neymar published a seven-minute video on Instagram, where he had first been in contact with Najila Trindade, revealing that he had been accused of rape.
His video was accompanied by WhatsApp messages and images of his encounter with Trindade — without her consent, possibly breaking Brazilian law.
The drama quickly snowballed. Extracts of a televised interview with Trindade, in which she accused Neymar of "aggression together with rape," aired just one hour before he was about to enter the pitch for the pre-Copa game between Brazil and Qatar.
As the case dragged on, police filed a defamation suit against Trindade — who was dropped by multiple lawyers — after she insinuated the force was corrupt.
Despite the seriousness of the allegations, polls have shown that most Brazilians believe Neymar is innocent.
