Da atuação do poder judiciário como órgão de investigação na persecução penal

Abstract

This monograph aims to analyze the norms constitutional and infraconstitutional laws regarding criminal prosecution and the power to State police, which is a legitimate source for the application of restriction of fundamental freedoms and guarantees of individuals. The separation of functions and powers of the State in the criminal prosecution between the investigation, the prosecution and the judgment of the individual to ensure the fundamental rules and principles present in the penal constitutional system, with the observance of the accusatory model of criminal proceedings. Analyzing the constitutional compatibility of the decision of the Federal Supreme Court in the Allegation of Noncompliance with Precept Fundamental 572 (ADPF 572), which allowed the Court itself, in the figure of its President, initiate police investigations against crimes committed against the Court or against its members, being the victim of the offense and simultaneously the investigator and possibly the judge of the offense under the aegis of a State Democratic of Law