O controle externo da atividade policial nas prisões em flagrante: uma análise procedimental das atuações dos agentes públicos de repressão ostensiva frente aos delitos contidos na Lei 11.343/2006

Abstract

This final work for the undergraduation intends to advance about the external control of the police by the Ministério Público (prosecution office), a the mesopoorly explored by the law courses and Brazilian literature. In order to investigate the procedure of the ostensive police whent here is a prision of someone who was caught in flagrant breaking the law in the crimes established by the law of toxics substances, there search assumes a relevant role, since that embraces aspects of criminal prosecution and their development. As a result, there search will dwellon the meswhom the Constitutionis what will guide the production of a quality criminal process, in other words, without procedural irregularity resulting from police arbitrariness, always observing the Constitucional Principles of the Democratic State of Law. With a perspective to review the police’s behavioral patterns out the crimes inserted in the Law 11.343/2006, the literary search will power relative aspects about the rules on the adducing of evidence in the criminal process, as well as their packaging for the public agents and the fragility of the custody chain about proofs in Brazil. To this end, it is necessary to go to the comparative law research, like the behavioral patterns of the Latin American’s police and their similarities, as well as custody chain about proofs and the level of reliability. In addition, the analysis about the external control of the ostensive police practice on that crimes inserted in the Law of Toxic Substances will pass for the judgment relative to the use full legalities in whom be are the society and the democratic institutions through the excuse, at all costs, in the reduction of crime and in the demonstration of uncontrolled prisions, givin grise to the criminal processs pectacularization. From a legal point of view, this work intends to analyse the control and the procedure of the police actions, from the personal search to the house search, with and without the assent of the residente, searching, so to speak, to find parameters about the police actions limitation. Finally, it is necessary to investigate the existence about the friendly relations between the Military Police and Ministério Público (prosecution office), in order to verify if there is tolerance from the “Parquet” (prosecution office) to the police unlawful actions in order to get success from the punitive ability of the State, since that, according to constitutional rules, (article, 129, VII, Constitution of the Federative Republic of Brazil of 1988), it is duty of the Ministério Público the external control and fiscalization of the police activities.