Contradições da instauração de ofício de inquérito policial pelo Supremo Tribunal Federal

Abstract

The emergence of the new Constitution of the Federative Republic of Brazil in 1988 generated a series of rights and duties which must be respected by both citizens and public authorities. It so happens that to this day there are numerous norms in the legal system which are not in line with the dictates established by the new constitutional norm. The October Charter granted the Courts the possibility of editing their internal regulations, but at the same time, restricted discretionary activity based on the procedural rules and guarantees already established. The Federal Supreme Court created its internal regulations and, more precisely, in its article 43, innovated the Brazilian legal system, in view of the creation of a rule of criminal procedural competence that culminated in a series of implications in the criminal sphere. For this reason, it aims to demonstrate the incompatibility of article 43 of the internal regulations of the Supreme Court with the legal system, in view of the fact that this article is confronted with the norms and principles contained in the legal system.