Ministério Público e o poder de investigação criminal.

Abstract

Considering the current social context and legal Brazilian, characterized for increasing crime and a exacerbada demand of processes in the Judiciary Power, notadamente in the criminal area, corroborated to a relative inefficacy of our criminal system, it is that it is argued alternative of criminal politics, to start for the phase of the preliminary inquiry. In such a way, a question of deep importance is approached: as to guarantee the participation of the Public prosecution service in the criminal procedures of investigatorio matrix without wounding the relative rules constitutional to the subject and, mainly, without usurping the functions of the police authority. One has as objective central offices of this research to display the fancy constitutional ruleses, legislacoes. relative doctrines and jurisprudences to the participation and/or legitimacy of the Public prosecution service in the criminal inquiry, approaching aspects current of the Brazilian investigativo model, detaching, over all, the phases of the police inquest, comparing it briefly with other foreign systems, searching to demonstrate the existing imperfections and indicating the possible alternatives of reformularization. It remained analyzed, over all, the institution of the Public prosecution service, lingering itself in its participation in the investigativos acts and the search of probatory elements that will serve of base for the bringing suit of the criminal action, so that if it could in accordance with proceed to an efficient interpretation from the effective constitutional rules in accord with the subject and the social circumstances from today. The theoretical basement of the study had as technique the bibliographical research, consisting of the legal analysis of legislation, doctrines and articles, using themselves, for in such a way, the legal exegetico method. This study it propitiated to understand that the best way of i f solving the crisis of the police inquest are, beyond guaranteeing the rules constitutional of the contradictory and legal defense to the inquiry acts, to allow that the Public prosecution service participates directly of the preliminary persecution. Verified the inefficacy of the current procedural system criminal Brazilian, especially in the preliminary phase, characterized for a series of errors, such as extreme bureaucracy, inexistence of the contradictory and the active participation of the defense in the collection of tests techniques that will not be happened again in judgment, remains the certainty of that the participation of the Public prosecution service would optimize the inquiry acts and. for consequence, of Justice and the state apparatus.