O controle sobre a atuação do Ministério Público e a sistemática adotada pelo artigo 28 do Código de Processo Penal

• Ano de defesa: 2022
• Autor(a) principal: Atoji, Juliano Carvalho
• Orientador(a): Demercian, Pedro Henrique
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Pontifícia Universidade Católica de São Paulo
• Programa de Pós-Graduação: Programa de Estudos Pós-Graduados em Direito
• Departamento: Faculdade de Direito
• País: Brasil
• Palavras-chave em Português: Sistemas processuais; Accountability; Espaço decisório; Processo justo; Pacote anticrime
• Palavras-chave em Inglês: Procedural systems; Accountability; Space decision-making; Fair trial; Anti-crime law
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO
• Link de acesso: https://repositorio.pucsp.br/jspui/handle/handle/30947

The present work aims to understan the new filing system and the extension of CPP, art. 28, after the enactment of law number 13.964/19 from the perspective of the pure accusatory system withim the brazilian criminal procedure. As is well known, the brazilian criminal procedure is criticized for the lack of identity and the option of a procedural system. This is because, parto f the doctrine understands that Brazil did not opt for any of the existing forms, adopting the accusatory system as a rule, however, containing inquisitorial remnants. Still, it is very far from thr french mixed system. In this way, the present work is able to identify the main features of the procedural systems and if they are essential for the description of the brazilian criminal procedure, as the clear separation between the functions of prosecuting, judging and defending and how control would be exercised in terms of accountability and checks and balances of the District Attorney. First, the work makes an overview of the rights provided for in our Constitution, equated with the idea of fair trial in international courts, mainly in the European Court of Human Rights and American Court. Then, the worj enters the history of procedural systems created in the evolution of procedural Science, analyzing whether the functions separation of process and the evidentiary initiative of the judge are standard for the classification from a given legal system. Besides, the work analyzes if the classification is also importante. Next, there is a exposition from the brazilian history of General Attorney and the models in others countries, in order to understand some guiding and limiting principles of the prosecution in Brazil and if some relativization is necessary for a better pratical optimization. Continuing, the research work goes deep into the goal of object, checking the changes brought by the law number 13.964/19, concerning the aplication art. 28 of the Criminal Procedure Code, from the perspective of the pure accusatory system and if the not prosecute decision walk to the intertional idea of a future fair trial. Finally, the work begins to face the practical implications of these changes and to take a risk in the analysis of some solution models into the District Attorney, in order to enable the review in face of huge proposed filings and how they would be approved by the higher instance of review