O poder de investigação do Ministério Público.

Abstract

The theme relates to the debate about the (i) legitimacy of the exercise by members of the public prosecutor of the research activities directed at the investigation of criminal violations, from the institutional profile he has outlined by the Federal Constitution of 1988. The issue is controversial, with strong academic discussions, doctrinal and jurisprudential, and originates from the systematic understanding, conferred on certain devices of the Federal Constitution and laws relevant constitutional below. Thus, it appears that the matter should be reviewed, giving up this job. To that end, it is necessary to employ methods: the historical-rolling, used in the recovery of relevant data in the history of the prosecutors, since its inception until the present day, the exegetic-law, by which try to interpret the meaning the leawful provisions relevant to the material through the use of the technique of literature search and virtual proceed in doctrines, codes, jurisprudence and scientific articles. But also use the systematic and dialectical methods in order to give a proper interpretation of the legal issue presented. The main task of accusing Brazilian public is criminally sue in court, those who transgress the rules. In turn, an end to be attained by the institution, as the constituent wanted, is to defend the legal order and democratic. Thus, it appears as general objective of the research: examining the legal possibility of prosecutors to carry out criminal investigations. As specific objectives, in turn, point to: identify the historical and legal precedents of the prosecutors in light of the democratic rule of law, recognize the institutional principles of the prosecutors, placing them in the context of the criminal investigation; measure the arguments in both case law and doctrine in favor, as against the attitude of investigative prosecutors. Take care, is thus an improvement of the repressive apparatus, not multiplying the organs, with deletion of tasks, but with recognition of the existing allocation and integration of the various components of the system of criminal prosecution in order to facilitate the prevention and combating of crime by providing effectiveness of the structures that have been showing dead.