A (in)constitucionalidade do inquérito 4.781 e seus aspectos a luz da Constituição Federal de 1988

Abstract

This article aims to analyze inquiry 4,781, opened by the Federal Supreme Court (STF) in March 2019, under the leadership of the president of the STF at the time, minister Dias Toffoli, and currently led by minister Alexandre de Moraes. This inquiry arose in response to the attacks suffered by STF ministers on social media due to decisions that were not accepted by a group of people. The objective of this academic work is to address unconstitutional aspects in the conduct of Inquiry 4,781 of the Federal Supreme Court. The research is based on jurisprudence and the development of Inquiry 4,781 carried out by the STF. Firstly, I will clarify the procedural legal systems, such as: accusatory, inquisitorial and mixed systems. Later, I will explain the police investigation and the role of the official judge, finally, I will raise the unconstitutionality of the 4,781 investigation in relation to the legal context and the fundamental principles of criminal justice in Brazil. To prepare this study, in addition to a deductive approach, doctrinal and jurisprudential foundations were also used, taking into account the analysis of theories and laws to reach certain conclusions, which consists of the analysis of the (un)constitutionality of inquiry 4,781