O Ministério Público e o efetivo controle da atividade policial.

Abstract

To present he researches scientific he has as primordial objective, to analyze the performance of the Public prosecution service, following the orientations of the Resolution n° 20 of National Council of the Public prosecution service. In fact, this Resolution came to check larger prominence to the activities policemen's external control foreseen in the art. 129. VII of the Federal Constitution. Besides supplying some concerning gaps to the competence of the parquet in the exercise of the activity-end policemen's control, it contemplated the Public prosecution service with a vigorous institutional invigoration, especially when enlarging him/her exceedingly their powers for the exercise of their functions Fiscalizatorias of the activities policemen. With effect, it was attributed to the organ wide ministerial powers to supervise these organs. As it will be approach object in the present study, the Federal Constitution of 1988 brought in his text among the attributions checked to the parquet the one of exercising the activities policemen's external control, sending to the Complemental Law the regulation of the matter. They appeared the laws no. then. 8.625/93 (National organic act of the Public prosecution service) and LC 75/93 (it institutes the Public prosecution service of the Union), that, in spite of they present general rules on the external control, they introduce her laconic for they treat not the matter in a more detailed way, what turned the almost inoperative control. In that context, the Resolution no. appeared. 20 of National Council of the Public prosecution service, of May 28, 2007, that it came to define the dimensions of the activities policemen's external control better, the organs and the activities that are under the sieve of the fiscalization of the Public prosecution service and the instruments appearing put to the disposition of the parquet so that that occupation is executed. For the elaboration of this work, it was used of the bibliographical and exegetico-juridical research methods, besides the interview accomplishment with the 1st Promoter of Justice of Promotoria of Cumulative Justice of Sousa. In elapsing of this work, the activities policemen's fiscalization was pointed by the public prosecution service as important instrument to overcome the crisis faced by the inquiry policeman, that has been generating a discredit almost of this institute before the judiciary. On another side, the control is a powerful tool to restraint the illegalities committed by agents policemen in the acting of their functions. Finally, it was evidenced that in spite of the importance of the activities policemen's external control, it is noticed that this control still faces problems so that it is really executed, to example of the resistance of some authorities policemen and for the quantitative inadequacy of the Promoters of Justice, that they are overloaded in their ministerial functions.