Viabilidade jurídica da extinção da ação penal privada: abolindo uma reminiscência da vingança primitiva.

Abstract

The persistence of private prosecution in order patriotic than dissonant long standing active advocates for the prosecution in criminal proceedings under the auspices of the Federal Constitution of 1988. The research is based on the profile of contemporary doctrine and jurisprudence, which excels in fitness standards infra, adds to what the Federal Constitution. In this sense, has as its general objective to critically analyze the issue, investigating the conservation of private prosecution in the Brazilian legal system in light of the constitutional guidelines. Specific objectives are pointed out: the historical outline of the indictment since the dawn of civilization to the contemporary process, identify the major historical and pragmatic aspects of the prosecutor under the aegis of the democratic rule of law and, finally, to examine the constitutionality and convenience for the victim of a private prosecution based on criminal justice process. To this end, it employs the deductive method of research and technical literature is prevalent. At the end, we get the response from the questioning pursued presented: it would be advantageous for jurisdictional purposes, in place of a democratic state, the performance of the particular personal and biased as an active subject of criminal action, if there is a body member the State with expertise specifically targeted for this purpose? As a hypothesis, it is understood that not, considering that the elevation of the Public Prosecutor to the level that gives the Magna Carta, the holder of a private prosecution, not only authorizes, and indeed demands the extinction of private prosecution of the Brazilian criminal law especially when you know that your performance is presumed ideology ruled the prosecution's primary contemporary, that is, the instrumentality warranty.