Resolução GPGJ Nº 1.678/2011 - Professora Raquel Stasiaki

Summary

This transcript discusses the procedural and legal framework for criminal investigations conducted by the Ministério Público (Public Prosecutor's Office) in Brazil. It covers the 1678/2011 resolution regulating such investigations in the state of Rio de Janeiro, emphasizing the Public Ministry's authority to initiate and oversee criminal investigations. The script also explains key constitutional aspects, including the Public Ministry’s role in criminal actions, its power to request or carry out investigations independently, and the legal context provided by the Supreme Court. Additionally, it addresses related exam questions on the subject.

Takeaways

• 😀 The Public Ministry (MP) in Rio de Janeiro has the authority to initiate and oversee criminal investigative procedures, according to Resolution 1678 of 2001.
• 😀 The MP’s ability to conduct criminal investigations independently has been recognized by the Supreme Federal Court (STF), specifically in case 59 3727.
• 😀 Article 129 of the Federal Constitution outlines the MP's functions, including the authority to initiate criminal investigations and oversee police investigations.
• 😀 The MP can requisition the opening of police investigations and can oversee their progress, but it does not have the authority to command or preside over a police inquiry.
• 😀 The investigation of a crime can be initiated by the MP itself in cases where it is legally entitled to initiate public criminal action, even without police involvement.
• 😀 The MP's investigative powers stem from its role as the prosecutor in public criminal actions and its duty to ensure societal protection through the punishment of wrongdoers.
• 😀 Criminal investigations led by the MP are inquisitorial and administrative in nature, meaning they don’t require the guarantee of full defense and due process that judicial procedures do.
• 😀 The primary purpose of MP-led investigations is to gather evidence related to public crimes, which helps determine whether a public criminal case should proceed.
• 😀 Resolution 1678 clarifies that criminal investigations by the MP are not mandatory for initiating a public criminal action, and other authorities can also conduct their own investigations.
• 😀 The MP's power to investigate is not limited to specific types of crimes but applies broadly to any public criminal offense, as the MP is the exclusive prosecutor for such cases.

Q & A

What is the purpose of Resolution 1678/2001 in the context of the MP Rio de Janeiro?

Resolution 1678/2001 aims to regulate the initiation and processing of criminal investigative procedures within the Public Prosecutor's Office (MP) of Rio de Janeiro. It serves to outline the framework for conducting investigations related to criminal matters.

Can the Public Prosecutor's Office initiate its own criminal investigations?

Yes, according to the Supreme Federal Court (STF), the Public Prosecutor's Office has the legitimacy to initiate criminal investigations independently, in addition to requesting police investigations. This was confirmed in the extraordinary appeal 59 3727.

What is the role of the Public Prosecutor’s Office in the criminal investigation process?

The Public Prosecutor’s Office, as the holder of public criminal actions, plays a key role in overseeing investigations and ensuring their effectiveness. It can initiate its own investigation or request investigations through the police, and it has control over police actions to ensure the proper collection of evidence.

What is the difference between an inquiry conducted by the police and one conducted by the Public Prosecutor’s Office?

An inquiry conducted by the police is managed by a police officer, typically a career delegate, while an investigation initiated by the Public Prosecutor’s Office is inquisitorial and administrative in nature, led by a prosecutor. The prosecutor has no authority to preside over a police inquiry but can oversee its progress.

What does the term 'inquisitorial' mean in the context of criminal investigations by the Public Prosecutor’s Office?

Inquisitorial means that the investigative process does not require the same procedural guarantees, such as the right to defense and due process, that are needed in a criminal trial. The focus of the investigation is not to limit or punish rights, but rather to gather evidence and prepare for a potential public prosecution.

What is the legal basis for the Public Prosecutor's Office’s involvement in criminal investigations?

The legal basis is found in Article 129 of the Federal Constitution, which outlines the functions of the Public Prosecutor’s Office, including the promotion of public criminal actions and the supervision of police activity. The Public Prosecutor’s Office has the authority to request investigations and direct its own criminal investigative procedures.

How does the Supreme Federal Court view the Public Prosecutor’s Office’s authority to investigate crimes?

The Supreme Federal Court views the Public Prosecutor’s Office as having legitimate authority to conduct criminal investigations independently, especially when it pertains to public criminal actions. The Court’s decision clarified that the MP can exercise this power outside of cases involving individuals with special jurisdiction, such as those with prerogative of forum.

What are the conditions under which the Public Prosecutor’s Office can initiate a criminal investigation?

The Public Prosecutor’s Office can initiate a criminal investigation when it pertains to public criminal actions, typically in cases where there is a reasonable suspicion of a crime. This process serves to gather the necessary evidence to decide whether or not to bring a public criminal action.

What is the purpose of the Public Prosecutor’s Office’s criminal investigative procedure according to Resolution 1678/2011?

The purpose of this investigative procedure is to determine the occurrence of public criminal offenses, which serve as the foundation for the possible initiation of a public prosecution. It is an administrative, inquisitorial process that is not tied to any requirement for judicial punishment.

What is the significance of the 'optional' nature of the criminal investigative procedure mentioned in the resolution?

The 'optional' nature of the procedure means that the Public Prosecutor’s Office does not need to initiate an investigation if the available evidence already sufficiently supports the filing of a public criminal action. It ensures that the procedure is not a mandatory prerequisite for prosecution but a supplementary tool when necessary.