A função do ministério público no processo penal : (im)possibilidade de atuar como parte imparcial

Abstract

This exploratory research is developed in the Research Line: Contemporary Legal-Criminal Systems, Area of Concentration: Criminal System and Violence, and aims to analyze the condition of impartial part attributed by national and foreign legal doctrine to the public prosecutor's office, as a procedural subject, within the scope of Brazilian criminal procedural law, based on the study of themes of adjective criminal law and peripheral issues closely related to the object of research. The paper seeks to answer the fundamental problem proposed, namely, (im) possibility of the Public Prosecutor's Office to act as an impartial party in the criminal process. These chapters relate respectively to: (a) fundamental issues of criminal procedural law which surround the problem by examining certain features of criminal procedural systems insofar as they are important in understanding and situating the role of the parties and impartiality in criminal procedural law; b) necessary references to the Public Prosecutor's Office and its main attributions in criminal proceedings, as a state prosecution body, with emphasis on genuine, contemporary and controversial attributions; c) different models of Public Prosecutions and peculiar aspects related to the subject investigated; and (d) the theoretical framework concerning the (im)partiality of the parties to the criminal proceedings, with emphasis on the Public Prosecutor's Office, through the analysis of arguments and hypotheses that affirm their position of impartiality similar to that of the court, Public, in exercising the function of a procedural party responsible for the exercise of the accusatory function, acts as a partial part in Brazilian criminal procedural law, pointing to negative consequences to the procedural structure of the legal situation and to the accusatory procedural aesthetic itself, which requires antagonistic parties under of an impartial judge. Assuming that the criminal procedure, in the light of the existing legal situation, is composed of two parts, which opposes each other, under equal conditions, an impartial party would not find structural and systemic support, both at the procedural level of accusatory core, as well as of the applicable procedural principles, being capable of causing damage to the passive party, which, faced with this impartiality, would be weakened.