A investigação preliminar no Brasil como instância obrigatória de controle da viabilidade da acusação

Abstract

The present dissertation work will have the purpose of demonstrating the importance of the preliminary investigation as an obligatory instrument to control the prosecution's viability. Thus, in order to achieve this purpose, a historical digression on preliminary instruction in Brazil will be carried out up to the present time, in conjunction with the study of the evolution of the role of the Public Ministry acting in the criminal field, intending to demonstrate how this control was carried out. of the prosecution's feasibility, and how this task has developed in Brazil to this day. In this way, it will be demonstrated how the extinction of the guilt summary, prosecution court and pronunciation represented a setback to the Brazilian criminal justice system, while it removed a very important procedural step, which was responsible for controlling the prosecution's viability. On the other hand, even with the suppression of preliminary instruction in Brazil, notably after the 1988 Constitution, the police inquiry started to serve as an essential instance of control of the prosecution in the service of the Public Ministry. Thus, concerned with the suppression of the extremely important filter of control of the prosecution of the prosecution before the receipt of the complaint in our order, the constituent of 1988 decided to include in the list of attributions of the criminal prosecutor, the referred filter of control of the prosecution of the prosecution. And at that point, the preliminary investigation became the necessary instrument for Parquet to achieve this control, dismissing the idea of a relentless accuser. In conclusion, it will be demonstrated that the preliminary investigation, mainly the one carried out through the police inquiry, became a democratic instrument that guarantees, at the same time, the formation or not of the just cause and also, the verification of the legitimacy of the accusation.