Reforma na fase preliminar da persecução penal brasileira e princípio constitucional da eficiência: condições, possibilidades, limites e desafios da vinculação da polícia judiciária estadual ao Ministério Público

• Autor(a) principal: RIBEIRO JÚNIOR, Ronald Luiz Neves
• Data de Publicação: 2023
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFMA
• Texto Completo: https://tedebc.ufma.br/jspui/handle/tede/tede/4681
• topic: Persecução Penal;; Polícia Judiciária estadual;; Ministério Público.; Criminal prosecution;; State Judiciary Police;; Public Prosecutor's.; Direito; Ciências Sociais Aplicadas

This research aims to examine the efficiency of the Brazilian criminal prosecution system and its compliance with the Principle of Efficiency. Specifically, the study aims to describe and compare foreign legal systems based on Civil Law that have the Judiciary Police as an institution subordinated directly to the Public Prosecutors, and how this impacts its effectiveness in combating crime. Additionally, the study aims to discuss the possibility of structural reform of the State Judiciary Police and Public Prosecution within the Brazilian legal system. Finally, the study aims to demonstrate the costs and benefits of linking the State Judiciary Police to the Public Prosecutors, considering the potential advantages and disadvantages. The research methodology employs an inductive approach using exploratory investigation techniques of the bibliographical and documental type. The study is divided into three chapters. In Chapter I, the relationship of subordination of the judicial police to the Public Prosecutor's in countries that underwent considerable structural reforms in the 20th century was discussed. This was done using a comparative law technique, and the focus was on countries with a Civil Law normative system, specifically Germany, France, and Italy. The effects of this relationship on criminal prosecution and the fight against crime were also examined. Chapter II provides a historical and principled evaluation of the Judiciary Police and the Public Prosecutor's Office, highlighting the importance of these institutions in Brazilian criminal prosecution and identifying the points of intersection of their functions. Finally, in Chapter III, the need for reform in the Brazilian criminal prosecution system was addressed. The study identifies the statistical inefficiency of criminal investigations throughout Brazil and makes a spatial cut regarding the reality of the Public Prosecutor's and the Judiciary Police in the State of Maranhão. Additionally, the chapter examines the relevant movements already being carried out in Brazil. In conclusion, this study establishes the need, conditions, and possibilities of structural administrative reform that would subordinate the State Judiciary Police to the Public Prosecutor's based on the constitutional principle of Efficiency