A condução remota do inquérito policial pelo Ministério Público

Abstract

This research defends the hypothesis that the direct processing of the police investigation between the Judicial Police and the Public Prosecutor's Office, after the presentation of the conclusive report by the Police Authority, and when it is returned unlimitedly with new steps and deadlines stipulated by the holder of the criminal proceedings, compromises the control of its legality. It is understood that, in these cases, the remote conduct of the police investigation by the Public Prosecutor's Office is configured, which takes advantage of the role of inspector to assume, himself, the conduct of the investigation, even indirectly and using the means of the judicial police. In this context, it is advocated that the Judiciary must intervene, by office, and assume effective external judicial control of the investigation. To this end, it is argued that the Report of the Police Authority is an act under "reserve jurisdiction", which acts as an instrument of checks and balances available to the judiciary to calibrate the boundary between the extension of the inquisitorian powers of the State beyond the police conclusion of the investigation and respect for the principles of the reasonable duration of the proceedings, impersonality (purpose) and efficiency. In the development of the study, we initially addressed the discussion about the powers of direct investigation of the Public Prosecutor's Office within the legislative branch and the Supreme Court, and, later, the evolution of the subject from the institutionalization of remote (indirect) conduct of the police investigation by the direct procedure between the Judicial Police and the Public Prosecutor established by the administrative bodies of the Judiciary, effective judicialization of the theme and recognition of the general repercussion.