Legitimidade do ministério público para Investigação criminal

Abstract

The possibility of the body of prosecutors in the conduct of investigating criminal activities has aroused huge debate on the doctrine and jurisprudence homelands. There is no way to deny, of course, that the issue is controversial, is awaiting the trial of its constitutionality in the Supreme Court. In this bias, it is intended to demonstrate that there is no exclusivity of the judicial police during the investigative steps, there is a view that the Constitution of 198 8, advocates the protection of society and order and achievement of justice bases of a democratic rule of law , And thus to achieve these goals, the parties shall act jointly in constant exchange of information, and any interpretation unacceptable to attempt to exclude certain agents in the criminal investigation, essential in combating crime so that raged in the country. For the exposure of the subject, will be out on the historical origins of criminal investigations, studies about the police investigation , approaches on the institution of prosecution and finally, the arguments against and in favor of the actions of the ministerial body in the investigation of crimes. The goal of this monograph is based on defending the legitimacy of the Parquet in the cond uct of criminal investigations in the cases it deems appropriate for bringing demand in criminal court, mainly because it is the holder of the public criminal action, as the constitutional dictates, benefiting the whole society and allowing any real credib ility in the application of justice, both sought by individuals and the rule of law.