O perfil processual das Comissões Parlamentares de Inquérito

AUTOR(ES)
DATA DE PUBLICAÇÃO

2004

RESUMO

The present paper deals with the procedural profile of Parliamentary Inquiry Comissions. According to Constitutional Procedural Law, said Comissions have the juridical nature of an institute and were therefore analyzed in their constitutional procedural dimension. Research has been developed around two topics: 1- Constitutional Procedural Law, and 2 - Parliamentary Inquiry Comissions. Firstly, the concepts Constitution and Procedure were analyzed, demonstrating that the values consecrated by the constitutional text are present in the Procedure. Constitutional Procedural Law arises from that relation, as well as its didactic objectives. Secondly, we examined concept, juridical nature, function, objective, insertion in comparative law, rights of action, powers and limits of Parliamentary Inquiry Comissions. Under the point-of-view of Constitutional Procedural Law, we were able to verify that Parliamentary Inquiry Comissions, like any other proceeding, have got teleological (search for real truth) and axiological (distribution of justice) aspects to them. Such procedural objective echoes the constitutional function of Parlamentary Inquiry Comissions, which is extraordinary inspection, that is, investigation of irregularities.That process is basically political, since it performs a critical function towards govermentactions.The purpose of the investigation is to inquire into public activities, in arder to ensure compliance with the laws and the Constitution. As institutes of Constitutional Procedural Law they function as instrurments for the preservation of the Constitution. In fact, Parliamentary Inquiry Comissions have the objectiveof enforcing the Laws and the Constitution,and analyzingthe actions ofthe Goverment and Public Administration. By accornplishing the first, they preserve the Rule of Law and by reaching their second objective, they ensure the improvernent of democracy. Investigations performed by Parliamentary Inquiry Comissions preserve the Rule of Law and contribute as stimuli to goverment action. In arder to guarantee effectiveness in the inquiry, Comissions themselves must act according to the principIes of the Rule of Law. Finally, De Lege Ferenda suggestions are presented, with the objective that Parliamentary Inquiry Comissions reach their constitutional procedural objective

ASSUNTO(S)

direito direito constitucional processual comissao parlamentar de inquerito

ACESSO AO ARTIGO

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