A LEGITIMIDADE DA INVESTIGAÇÃO CRIMINAL CONDUZIDA PELO MINISTÉRIO PÚBLICO

Abstract

This monographic work studies the legitimacy of the criminal investigation conducted by the Public Prosecutor's Office, the main objective of the research is to understand the legitimacy of the Public Prosecutor's Office to conduct criminal investigations together with the Judiciary Police, which in turn does not have full control of the criminal investigation, better understanding the means and tools by which the Public Ministry intervenes in society in the criminal sphere when a criminal fact occurs. It is important to note that the Federal Constitution provides that the Public Ministry may perform other functions in addition to those provided for by law as long as they are compatible with its purpose, and, undoubtedly, the criminal investigation is directly related to the criminal functions of the Public Ministry. The main approaches to the historical evolution of the Public Ministry and Criminal Investigation will be agreed, and the way it developed in Brazil, highlighting the influence that Parquet obtained within Brazilian society with the Federal Constitution of 1988, observing the main favorable and unfavorable positions. in the criminal investigation by the Public Prosecutor's Office, and the analysis of Proposed Constitutional Amendment No. 37 of 2011 and No. 5 of 2021.