Autonomia e Discricionariedade do Ministério Público no Controle Externo da Atividade Policial

• Autor(a) principal: Bezerra, Edja Rodrigues
• Data de Publicação: 2017
• Idioma: por
• Título da fonte: Repositório Institucional da UFRN
• Texto Completo: https://repositorio.ufrn.br/handle/123456789/44152
• topic: Ministério Público; Polícia; Autonomia e Discricionariedade

The present work has the scope to analyze the discretion and autonomy of the Public Ministry in the external control of the police activity. From its classic function of "fiscal of the law", the ministerial organ acquires position of prominence with the advent of the Constitution of 1988. This, in turn, attributed in its art. 129, item VII, the external control of the police activity, as well as the range of attributions that makes the institution an important public actor in the defense of the community. The control of the police activity focuses specifically on its final activity, that which concerns the determination of criminal offenses, having the power of notification and requisition, provided that the legal grounds of the request are indicated. With regard to its function as "prosecutor of the law", the ministerial body has a legal duty to act when any irregularity or illegality is found, which should be promptly communicated to the competent body for the appropriate measures. In the case of the police, the Public Prosecutor's Office can not intervene in any activity carried out by it, specifically in the area related to the determination of materiality and delinquency, since it is the recipient of the criminal investigation. In this field of action, the Public Prosecution Service does have a low degree of discretion given the unavailability of the public prosecution when the necessary elements of authorship and materiality are present for the offer of the complaint. Regarding its autonomy, the Public Prosecutor's Office is detached from any of the State Powers, and may act according to its conviction, which is limited by law.