Ministério público e poder de investigação

Abstract

Public ministry. Origins of the Institution in Brazil and in the world. Analysis of the Public Ministry in the face of the Brazilian Constitutions. The Federal Constitution of 1988 and the Public Prosecutor's Office. We analyze the concept, institutional principles, autonomy and institutional functions of the Public Prosecutor's Office in light of the 1988 Constitution. The investigative power of the Public Prosecution Service. Analysis of comparative law. The ends of the criminal investigation. We speak of the legitimacy for bringing the criminal action, as well as the external control of police activity. We analyzed the direct criminal investigation by members of the Public Prosecutor's Office. We demonstrate the non-exclusivity of the judicial police to carry out criminal investigation. We demonstrate the legitimacy of the investigations carried out by Parquet in criminal matters, with a broad doctrinal foundation. We speak of the Theory of Implicit Powers. We address the ontological nature of illicit civil and criminal. We point out other bodies with investigative capacity in the country. We show the legitimacy of the evidence collected by the Public Prosecution Service in direct investigation. We conclude that the Public Ministry has the legitimacy to initiate criminal investigations.