The (un)constitutionality of the investigation power of a criminal nature of the Public Ministry in the brazilian legal system after the Republican Constitution of 1988

Abstract

The present work seeks to analyze, through the main foundations researched, the constitutionality or unconstitutionality of the investigation power of a criminal nature of the Public Ministry against the normalization of the Brazilian legal system on criminal prosecution after the Republican Constitution of 1988. It was applied as a approach method, the hypothetico-deductive and, as method of procedure, the monographic. As for the research technique, descriptive and exploratory was used, with a review of doctrinal books, scientific articles, judged by the organs of the Judiciary, besides documentary analysis of CRFB/1988 and the infraconstitutional laws pertinent to the subject. It is concluded that the investigative activity in the country is not exclusive to the judicial police, the theory of implicit powers should be applied in the silence of the constituent legislator and the edition and expedition of a resolution by the National Council of Public Ministry, regulating criminal investigation, violates the legislative process.