Investigação criminal do Ministério Público.

Abstract

The stage of criminal prosecution preceding the official process established and maintained by the Brazilian state through letters of the Federal Constitution, better known as pre-procedural or criminal investigation, skewing is often used synonymously with police inquiry. From this study it appears exactly that any activity carried out by the Judicial Police in the form of investigation is a criminal investigation, but not all criminal investigation is a police inquiry. Understanding is otherwise lacking means to establish a conflict of standards within the text of Law highest since it also explicitly provides for the exercise of such assignment, for example, the Parliamentary Committee of Inquiry. The prosecutor did not have the same fate of the Legislative Power, so that the correct assimilation about the existence of its legitimacy requires the interpreter investigatoria criminal legal operation of a systematic understanding of certain constitutional provisions. The goal of this research is to demonstrate, through doctrinal understandings and law, constitutional and legal norms, that the holding of such an analysis on the rules of the constitution will provide the lawyer the lucid understanding that the prosecutor can and should exercise other functions compatible with its purpose and not just on the pretext of guaranteeing up the performance of its function. The main task of accusing Brazilian public is, as its name suggests, trigger criminal court in the transgressors of standards of conduct. In turn, the end to be attained by the institution, as the constituent wanted, is to defend the legal order and democratic, why can it legitimately, investigate acts it deems. To arrive at this conclusion during this search is the method used through the use of doctrines, legal articles and legal standards. The legislation even through the old Criminal Procedure Code, already the performance of investigatoria criminal activity not only by prosecutors, but also other administrative authorities. Depending is clear understanding of decision in the Superior Court of Justice, along with the forecast raised in the old code of procedure, still exist the standards set in Complementary Law 75/93 and the Statute of the Child and Adolescent, whose devices also meet the opening clause of the franchise ordinary legislature by Article 129, IX, the Federal Constitution.