O alcance dos poderes investigativos do Supremo Tribunal Federal

Abstract

This work seeks to establish the reach of the investigative powers of the Brazilian Supreme Court, exercised by it through an act, in its own accord, in march 2019. The act that established the investigations had its constitutionality questioned, through reasoning that, beyond other aspects, it was incompatible in regards to the accusatorial system and that its interpretation of Article 43 of the Court´s Internal Regulations was too broad. The action was held inadmissible. Nevertheless, this work seeks to deeper comprehend the accusatorial system, through the historical narrative that follows it and the treatment given to it by brazilian scholars and legislation. In light of this research, it analyses the judgment of the constitutional action that questioned the start of the inquiry, in which the Court addressed these issues, extracting from it: the arguments that pay respect to the compatibility of the inquiry with the accusatorial system, the arguments that bring doctrinal references to justify it, and the arguments that impose the requirements for its realization. Thus, reaching the conclusion for its unconstitutionality. However, once this is not the understanding of the STF, through the reasons presented in the referred judgment, the following limitations to its investigative powers were extracted: exceptionality, instrumentality for institutional protection, subsidiarity nature, and territorial and person related limitations.