Processos estruturais e a atuação do Ministério Público

Abstract

The present work aims to investigate in what ways the Operational Support Centers can help in the implementation of a more efficient performance of the Prosecution Office, in the scope of structural disputes. Initially, issues related to the general notions of the structural reforms are analyzed, presenting conceptual and historical aspects, some premises of the Owen Fiss doctrine, used as a theoretical reference, as well as the characteristics of the structural injuctions. Then, the Brazilian Prosecution Office is examined through a study of its history, principles and constitutional guarantees. Afterwards, an analysis is carried out on the techniques of structural action by the Prosecution Office, especially through instruments such as the civil inquiry, administrative procedure, term of adjustment of conduct and recommendation. Next, we proceed to a study of the Operational Support Centers, auxiliary bodies of the Public Prosecutor's Office, starting, then, for a case study that sought to demonstrate how the Operational Support Center for Health of the Public Prosecutor's Office of the State of Maranhão encouraged the Public Prosecutors to act in a structural way during the coronavirus pandemic. As for the methodology, it is essential to highlight that as for the purpose, the research is of the basic strategic type, having descriptive and exploratory objectives, aiming to deepen the scientific knowledge on the subject, through qualitative analysis, without prejudice to its use to solve practical cases. The approach is qualitative, since, for the solution of the research problem, the statistical or mathematical method is not prioritized, but the evaluative analysis of the documents and texts collected. The method is hypothetical-deductive, starting with a problem and choosing a hypothesis to, after collecting scientific texts, data and documents, obtain scientific confirmation. As for the procedures, in addition to the case study, the bibliographic and documentary procedure was adopted. It is concluded that the action of the Structural Support Centers as promoters and facilitators of the Prosecution Office's structural action is possible and recommendable, either by providing support in the face of the complexity and multipolarity of such disputes, or by helping to identify the directions for institutional recomposition, in the delimitation of the state of structured nonconformity, in establishing the ideal state of affairs that is desired to be achieved, in indicating the mode, intensity and time of restructuring, in obtaining a significant commitment between all those involved or in the elaboration and monitoring of an action plan. Furthermore, this perspective of action is already a reality, as demonstrated in the scope of the Operational Support Center - Health, which belongs to the structure of the Prosecution Office of the State of Maranhão