A aparente (in)compatibilidade entre a investigação criminal conduzida pelo delegado de polícia e a atividade investigatória do Ministério Público

Abstract

The main objective of this work is to make an analysis of constitutional, criminal procedure and criminal provisions concerning the criminal investigation and the agents who have the competence to carry it out. In this sense, it seek to study the (in)compatibility between the criminal investigation conducted by the Chief of Police - subject regulated by the Federal Law No. 12.830, of June 20, 2013 - and the investigative activity of the Public Prosecutor's Office, theme that had already been discussed in the Federal Supreme Court through the Extraordinary Appeal No. 593.727, and which is now being questioned again in the Brazilian Constitutional Court in the Direct Action of Unconstitutionality No. 7.170, proposed by the Association of Chiefs of Police from Brazil. In order for the analysis to be carried out as completely as possible, it will be based on the hypothetical-deductive method, and will have as starting point the constitutional and legal provisions that regulate the subject; lessons of constitutional law, criminal procedure law and criminal law by renowned scholars; important judicial decisions that deal with the subject under study; in addition to a immensity of articles and periodicals related to the subject. In the end, the reasoned result of this analysis will be presented.