Research conducted by the Brazilian Public Attorney and the constitutional provisions: The position of the Supreme Court

Abstract

This research addresses the possibility of direct criminal investigation by public attorney. Through bibliographical studies, it aims to present an exploratory and descriptive view of the fundamentals and limits addicted to the function of public attorney. It is also about non-exclusiveness of the police in conducting criminal investigations, because, according to the Federal Constitution and the Criminal Procedure Code, other administrative staff can perform them. Among these, there is the Public Prosecution Service, when the crime is subject to public attorney. Finally, the positions of the Supreme Court are observed. Certainly the major jurisprudential position focuses on the constitutionality of direct criminal investigation by the public attorney, but other placements are also found which hinders its legal treatment, harming both the accused as the whole society. It is concluded that the performance of the Brazilian public attorney in a criminal investigation is entirely possible and consistent with its constitutional purpose in a direct way to preserve the fundamental human rights.

Key words: criminal investigation, public attorney, supreme court.