NÓBREGA, R. G.; NÓBREGA, Rafael Gurgel.
Résumé:
The proposed theme refers to the debate of the possibility in face of the juridical
fathering ordainment, of the Public Ministry realize pre-processional investigation as
a way of founding eventual criminal denounce. The word investigation means a
group of activities and diligences taken with the objective of clearing up facts or
situations of law. In the ambit of Penal Law to investigate means to get proofs that
explain the criminal fact demonstrating its existence or not (materialism) and to whom
he competed (authorship and participation), as well as the other relevant
circumstances. It is very true that the limits of acting of the Public Ministry are traced
in the Federal Constitution and its role before the actual society cannot be weakened
with objectives clearly political. The methodology employed for the performance of
the activity consisted in verifying the doctrinal, jurisprudential and legal aspects about
the theme, obeying the comparative proceeding method, in a way to establish a
counterpoint among the various opinions about the subject. It is necessary that the
constitutional Democratic State of Law rises to its precepts and foundations,
guaranteeing to the Public Ministry its essential function, guarder of juridical order.
The determinant factor to justify the theme resides on the constitutional principles, as
well as on the institutional functions that frame the institution. The collectivity is the
unique that, effectively, is going to gain with the presence of an organ endowed of
material impartiality in the body of an inquiry. It is through the strong institutions that
a State will find social justice, therefore, with the focus of the Public Ministry from its
constitutional profile, of indispensable institution to the defense of the interests of the
collectivity, it emerges the necessity of changing in the vision of society to the
parquet, not the discerning anymore only as an accusing organ, but especially as
defender of the rights and fundamental guarantees.
