The police investigation is illegal and illegitimate

The Public Prosecution Service, which is the exclusive holder of public criminal action and external control of police activity, among other duties, and the police are responsible for investigating criminal offenses. That said, the aim of this research is to demonstrate that the Public Prosecution Service has been treated as a mere opinion-forming body in criminal cases, given the understanding of criminal judges and also of the Legislative Branch, contrary to the Federal Constitution of 1988. In this regard, the Code of Criminal Procedure places the Public Prosecution Service in a situation of non-ownership in the conduct of cases, through various provisions of this code, when, notably, it allows the criminal judge to superimpose his decision on the theses of the Public Prosecution Service. As far as the legislative branch is concerned, the enactment of laws still does not respect the 1988 constitutional provision on the role of the Public Prosecution Service. In addition, external control of police activity must guarantee the constitutional legality and legitimacy of the greatest instrument for investigating crimes, the Police Inquiry, according to Article 129, VII of the Brazilian Federal Constitution. The absence of external control compromises the quality of evidence and the effectiveness of criminal justice, confirming the urgent need to implement regulatory mechanisms that ensure efficient control of police activity, resulting in improvements in public safety and, above all, in the legitimacy of the Brazilian justice system.