Análise da tripartição das funções estatais no ordenamento jurídico brasileiro: O Ministério Público como quarta instância do poder.

Abstract

This study aims to address the general aspects of tripartition of state functions, since the early days of his sketch with Aristotle until its completion with Rousseau, followed by a detainee about the study theories that served as a fulcrum for the separation of state functions and ending with the real possibility of recognition of the prosecutor entity as the fourth instance of power. It will seek through legal methods exegetic, evolutionary history and deductive, based on an extensive literature search, collect arguments, raise proposals and take the class to a severe legal debate on the subject. Result of the impossibility of acts of concentration of power in the hands of a single environment, be it an individual person, whether a more complex organ, the separation of state functions is essential, before anything, as an outlet for the emergence of Democratic States and the consequent abolition of the Absolutist. Over the years consecutively and the evolution of societies, the number of typical and atypical tasks assigned to each state environment has become greater, causing the hypertrophy of the Executive, Legislative and Judicial, breaking thus the independence and harmony between the Powers, classic examples are the measures, the summaries binding and the parliamentary committees of inquiry, in this context, the prosecutor entity appears as an alternative to the fair and effective application of the Theory of Checks and Balances and the adoption of the Theory of tetraparticao of state functions, once advocated by Benjamin Constant.