Constitution, Public Ministry and Penal Law: the defense of the Democratic State in the punitive ambit / ConstituiÃÃo, MinistÃrio PÃblico e direito penal: a defesa do estado democrÃtico no Ãmbito punitivo

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

The subject of this thesis is the performance of the Brazilian State Prosecutorâs Office in the sphere of criminal law on account of that which is prescribed by article 127 of the constitution of Brazilâs Federal Republic insofar as it refers to the defense of the democratic regime. The time space starts, as is necessary, from the promulgation of the Federal Constitution of Brazil on the 5th of October 1988. This was the document which bestowed the function of âdefenderâ of the democratization of the country upon said office. The role played by attorneys and prosecutors is investigated running the gamut of their authority in the criminal area, with reference to the democratic regime â itâs implantation and /or maintenance. Has the State Prosecutorâs Office contributed to the democratization of the Federal Republic of Brazil, in its role as a penal system, by consequence the criminal sphere? The general objective followed, which forms the central hypothesis of the investigation, is to demonstrate that the institution, in carrying out its function in said criminal sphere, has, more often than not, distanced itself from what we might call a standard democratic state and therefore has not performed those tasks incumbent upon it by the Federal Constitution of Brazil. As a final conclusion we understand that the State Prosecutorâs Office has not been a defender of democracy, bearing in mind that which has still not been implanted, which doesnât really exist, cannot be maintained, and certainly not defended

ASSUNTO(S)

direito state prosecutor direito penal constitution estado democrÃtico penal law democratic state constituiÃÃo ministÃrio pÃblico

ACESSO AO ARTIGO

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