O exercício das funções de custos iuris e acusador pelo mesmo membro do Ministério Público frente ao Princípio do Promotor Natural

Abstract

This course conclusion work has as its object the study of the exercise of the functions of iuris costs and accuser by the same member of the public prosecutor in front of the natural prosecutor. The general objective of the work is to analyze, through a critical methodology, whether the multifunctional performance of the Public Prosecutor's Office within the scope of Criminal Action is compatible with the principle of the natural prosecutor, taking into account the demands of the role of guardian of society's interests and its commitment to prosecuting criminal action if the crime and authorship is proven, as well as the importance of respecting legal principles for the maintenance of the Democratic Rule of Law. It also aims to specifically verify, from a historical perspective, the Brazilian legislation regarding the practice of public prosecutors, as well as the existence of the principle of the natural prosecutor in the Brazilian law, analyze the theory of cognitive dissonance as well as the search for truth in criminal proceedings, evaluate how the harmony between the Public Prosecution Service in the criminal sphere and the principle of the natural prosecutor interferes in criminal action and in the Democratic Rule of Law, as well as the analysis of documents that refer to the phenomenon and bibliographic and normative surveys. Finally, the result of the study will be presented, recognizing the non-conformity of the performance in the two functions by the same ministerial member with the principle of the natural promoter, which is recognized by the Brazilian law, finally demonstrating what its possible effects on the process and presenting a proposal for creation of a promoter of guarantees prepared by judge Paulo Gustavo Guedes Fontes.