A legitimidade funcional do Ministério Público para instaurar o inquérito civil à luz da hermenêutica interpretativa constitucional
The autonomy of the Public Ministry had been declared after the promulgation of the 1988 Federal Constitution, thus emancipating the institution from the executive branch. From this, functions were assigned to the Public Ministry, such as the possibility of instituting a civil inquiry to inves...
| Autor principal: | Cezar, Hariel Gabriel Andriollo |
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| Grau: | Artigo |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Tocantins
2021
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| Assuntos: | |
| Acesso em linha: |
http://hdl.handle.net/11612/2898 |
| Resumo: |
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The autonomy of the Public Ministry had been declared after the promulgation
of the 1988 Federal Constitution, thus emancipating the institution from the
executive branch. From this, functions were assigned to the Public Ministry,
such as the possibility of instituting a civil inquiry to investigate diffuse and
collective demands. The present research started from a dialectical method and
was based on the constitutional interpretative hermeneutic analysis about the
investigative capacity of the Public Ministry and the pre-procedural opening of
the civil investigation procedure. Coming to the conclusion that it is legitimate to
initiate the civil investigation as a method applied by the Institution to fulfill its
functions assigned by the Federal Constitution. |