Aspectos legais da eficácia objetiva da apresentação e a inaplicabilidade do princípio da indivisibilidade na Ação penal pública condicionada.

Abstract

This monograph aims to emphasize the effectiveness of representation and the use of the principle of indivisibility in the conditioned public prosecution. It is known that the institution of criminal proceedings has an abysmal importance to the legal science, being an effective power of the state to carry out the purpose of criminal law to a specific case. Thus, it is the State responsibility particularly when it comes to criminal science reconcile disagreements that are caused by society. Some positivized crimes in the Brazilian Penal Code require a representation to that from there the owner of prosecution (prosecutor) can proceed with due process. There is discussion in the public prosecution conditional on representation when representing offended against one of the co-authors of the offense is silent as to others. It asked if, in this situation, the public prosecutor has the perk, regardless of the victim's permission, can enroll to process other individuals who proven (having just cause) participated in the criminal activity. Mostly the doctrine says that just as in the private prosecution, where the principle of indivisibility force arguably should be public action applied the same precept. The lack of regulation of the use or not of such a principle promotes one doutrine-judicial obstacle that to this day has a certain instability as its use. When referring to the Supreme Court today peacefully, this kind of thinking changes completely, because it says in its decision that the effectiveness that should be used by the prosecutor will be objective, ie not taking public action indivisibility, having full right parquet, according to his understanding denounce the other coauthors. This observed, and through a characteristically bibliographic study, taking into account the case-law decisions, magazines, papers, following a guided approach to the comparative method, particularly if it made it possible to analyze the legal aspects of the objective efficacy and whether or not to apply principle of indivisibility in the conditioned public prosecution.