Serviço velado: a constitucionalidade do poder inquisitório da polícia militar

Abstract

The work searches to discuss the constitutionality of the veiled service of the Military Police, about the inquisitorial present in its existence and performance in the present days. Aiming to clarify the facts and arguments that sustain the discussion about the (in)constitutionality on the action of PM2. With bibliographic documental methodology base, doctrinaire and in journalistic reports that highlight the real scenario of politics on present days. On a first moment, there are contextualized the historical aspects about the evolution of the criminal procedure system over time, demonstrating that even in the present there are acts of inquisitorial nature. After that, it is putted in discussion the legality of the veiled service, explaining what is the real function of that sector, inside Military Police, as a way of assure the legal and social security so important to the achievement of other fundamental rights. On the third and last session, there is an analyzes on the debate about the constitutionality of the veiled service, once that nowadays many organs has manifested itself about the theme, to investigate if, in fact, the veiled service is acting in a way of bring relevant benefits to the society, helping on the guarantee of the public order, or if it represents a usurpation of the investigative function, to in the end know the social advantages brought by its current modus operandi has the intention of legitimate the interpretation on an inquisitorial bias of the constitutional text. By the end, from the bias of the lack of constitutional and federal regulation on the action of veiled service, that it has been met by decrees of states, it is examined the efficacy of that regulation on the action of the veiled service.