CAT/C/39/2
page 61
Civil and Military Police), and from the analysis of that Report SENASP will evaluate the
implementation of the following actions: i) acquisition of equipment for a kit to be distributed
directly to the Corregedorias during the first half of next year; ii) qualification of police officers
in administrative-disciplinary procedures, through the National Network of Remote Education,
still during the current year; iii) setting up of a working group through ministerial act, composed
of ten (10) corregedores from the civil and military police, representing the five regions of the
country, to make effective the needed legislation and the procedural standardization, among
other proposals that may be considered feasible and pragmatic.
“180. Furthermore, the constitutional debate on the power of the Public Prosecutor’s
Office to initiate independent investigations into allegations of torture is still pending. The
Constitution has been interpreted by some as providing the Public Prosecutor’s Office with
a more active role and allowing it to proceed with criminal investigations and indict
officials involved in criminal activities, such as torture, in cases where there is sufficient
prima facie evidence. Other commentators, including the police, claim that constitutional
provisions require that a police inquiry is necessary and that preventing the causes of
torture would be more appropriate. The Committee members consider that public
prosecutors should be able to initiate cases rather than having to rely on evidence
collected and forwarded by the police.”
256. The Public Prosecutor’s Office (Ministério Público) is the institution charged with the
defense of the public order, the democratic regime and the inalienable social and individual
interests. It has functional, administrative and budgetary autonomy. Its members enjoy the same
impediments and guarantees as magistrates. On penal matters, the Prosecutor’s Office is entitled
to public penal action and in order to exercise it its members are vested with privileges such as
“exercise internal control of police activity” and “order investigation procedures and initiate
police inquiry, with the indication of the legal grounds of its procedural manifestations” (arts.
127 and 129 VII and VIII of the Federal Constitution). On its part, the judicial police activity is
incumbent on the civil (State) and federal police, which are charged with “verifying criminal
infractions, except military” (art. 144, §§ 1 and 4 of the Federal Constitution). Thus there is no
doubt that the Public Prosecutor’s office may, upon knowledge of a possible criminal infraction,
order the carrying out of an investigation, request specific search and if already in possession of
sufficient elements for offering a denunciation (that is, the initiation of the legal process)
independently from the police investigation.
257. Thus, public prosecutors may offer denunciation (that is, initiate penal action in court)
independently from the police investigation, if they possess sufficient elements that indicate the
materiality of the offense and its authorship.56 The question of the power to investigate penal
56
“The initiation of a police investigation is not indispensable to the initiation of a public penal
action, and the Public Prosecutor’s Office may utilize evidence in order to support its opinion.
There is no impediment for the Public Prosecutor’s agent to gather other depositions when,
having a factual knowledge of the circumstantial evidence of the authorship and materiality, he
learns directly of any fact that deserves clarification” (Ing. 1.957), Rapp. Min. Carlos Velloso,
DJ 11.11.05).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents