A constitucionalidade do poder de investigação do Ministério Público

Abstract

The purpose of this Course Conclusion Work is to determine whether the investigative power exercised by the Public Prosecutor's Office is in accordance with the provisions contained in the Federal Constitution of 1988. The deductive method of approach is used, while the applied technique is bibliographic research, doctrinal and jurisprudential. In its development, it addresses positive questions brought by jurists about the recognition of the legitimacy of the Investigative Power of the Public Ministry, such as, for example: the greater effectiveness of the Public Ministry in elucidating the cases for also being the accuser in the criminal action to be, possibly , established in the future; and the confidence that Brazilian society places in the MP and the reflex that this would have in the criminal investigation. On the other hand, we have the harms brought by some lawyers such as excessive publicity that may harm the investigated, the MP's partiality for being also the accuser in the criminal action, the MP's facility to manipulate the evidence collected and the possibility to judge based on exclusive in the evidence brought by the Public Ministry. After that, it also brings the constitutional arguments that meet and recognize the MP's Investigative Power. And, finally, the need to amend CF / 88 to prohibit or expressly allow the Public Ministry to initiate investigative procedures. [resumo fornecido pelo autor]