A (in)constitucionalidade do inquérito nº4.781 do STF e a violação ao sistema processual acusatório.

Abstract

In the scope of the Federal Supreme Court, inquiry No. 4,781 was initiated, on March 14, 2019, by Minister Dias Toffoli, through Ordinance GP No. 69, invoking art. 43 of the RISTF, in order to investigate fraudulent news, slanderous denunciations, threats and infractions coated with animus calumniandi, diffamandi and injuriandi that affect the honorability and security of the Supreme Court, its members and their families. However, the ordinance does not mention the defendants; it does not indicate the time and place of the facts under investigation; the Public Ministry does not participate in the investigation; the Attorney General of the Republic opined for the filing of the records; the Minister Rapporteur rejected the filing request. The inquiry is an investigative procedure, in the face of news of the possible occurrence of a crime, the police initiates an investigation to obtain evidence that the crime actually happened, as well as gather evidence that indicates who the author was. The purpose of the inquiry is to provide evidence of the crime and its authorship so that the Public Ministry can prosecute the accused. The accusatory system adopted by the Federal Constitution of 1988 establishes a rigid separation between the prosecuting functions, it is up to the police to investigate, the Public Ministry to accuse and the Judiciary to judge. The establishment and continuation of investigation 4,781 of the STF, suffers strong legal and social criticism, as fundamental guarantees provided for in the Constitution are removed in order to punish those responsible for the conduct mentioned in the ordinance. The problem of the removal of the rights of the investigated that generates legal uncertainty, and mainly due to the inapplicability of the Federal Constitution, which must be supreme to all laws, including the Court responsible for its custody. Keywords: Federal Constitution. Fundamental Rights, Inquiry. Accusatory System. Federal Court of Justice