Fachin defends the right of prosecutors to carry out criminal investigationsCarlos Moura/STF
Published 04/25/2024 11:28
São Paulo – “The monopoly of powers is an invitation to abuse of power.” Thus, Minister Edson Fachin, of the Federal Supreme Court (STF), opened his vote on Wednesday, 24, to recognize the competence of the Public Ministry to open and conduct criminal investigations. The position goes against the intentions of civil and federal police officers, who often compete with prosecutors and find themselves “run over” by them.
The recent crisis between delegates and members of the São Paulo Public Ministry surrounding Operation End of the Line, against the PCC, illustrates how the issue divides the investigative bodies.
For Fachin, rapporteur of a set of actions on the subject, prosecutors and prosecutors can also investigate criminal cases, as long as the procedures are submitted to the Judiciary for inspection and respect the rights and guarantees of those being investigated. “The assignment for criminal investigation by the Public Prosecutor’s Office derives from its own and essential responsibility to ensure respect for fundamental rights”, she argued.
The minister also defended that, whenever there is suspicion of involvement of agents from Public Security bodies in infractions or episodes of police violence, the Public Ministry is the competent body to carry out the investigation and has the duty to do so.
“It is an external control activity to be carried out by the Public Ministry. I believe that this even contributes to police activity and respect for fundamental rights.”
The point is particularly sensitive for the minister, who is also the rapporteur for the ADPF das Favelas, action on police lethality in Rio.
See rules proposed by Fachin for criminal investigations at the Public Ministry:
– Prosecutors and prosecutors must communicate the initiation and closure of the procedure to the competent judge;
– The deadlines for completing police investigations must also apply to criminal investigations by the MP;
– Any extension will depend on judicial authorization;
– The Public Prosecutor’s Office has the duty to investigate suspected involvement of Public Security agents in criminal offenses or in “deaths, serious injuries or other serious consequences” due to the use of firearms by these agents;
– The Public Prosecutor’s Office can request technical expertise and the States and the Federal District must guarantee the independence of experts, shielding the category of police officers’ ancestry.
Vote with four hands
The vote was constructed by four hands, in partnership with Dean Gilmar Mendes, who even presented a divergent position in the virtual plenary.
The trial was transferred to the physical plenary, which resulted in the score being reset.
In the meantime, the ministers sat down to reach a consensus. Voting will resume this Thursday.
