A legitimidade do Ministério Público na revisão criminal à luz da Constituição Federal.

Abstract

This research deals with the main peculiarities of the prosecutors, particularly their constitutional tasks, aiming to show that this institution has legitimacy to propose criminal review, as it is no longer seen as accusatorial body, but as a defender of the law and unavailable individual interest. The method used was legal-exegetic and historicalcomparative, to obtain necessary basis for developing this research. To clarity the debate and better understand the topic, it was discussed the historical evolution of the ministerial body, from its origin to its profile in the current constitution. After, it deals with the main aspects of criminal review. Finally, it discusses the possibility, in Brazilian legal system, of a criminal review proposed by the Parquet, showing the various positions on doctrine. The controversy is based on the fact that the Code of Criminal Procedure does not give legitimacy to the ministerial body require criminal review. But through an evolutionary and systematic look on the roles of prosecutor, given the constitutional principles, it is appropriate this legitimacy. In fact, the Constitution gives the ministerial body the role to defend the law and unavailable individual interests. The goal of this work is to show that despite the lack of legal forecast, by virtue of the constitutional principles, the prosecutors have to propose the criminal review in favor of the correct application of the violated law and main tainting accused's dignity. In fact, this research aims compliance with the compliance with the Constitution, as Democratic State w i l l be valid only i f it obeys constitutional principles.