Plenary of the Supreme Court.| Photo: Carlos Moura/SCO/STF.

The Federal Supreme Court (STF) prohibited the Public Defender’s Office of the State of Minas Gerais from requesting the initiation of a police investigation. The decision was taken in the judgment of the Direct Action of Unconstitutionality (ADI) 4346, filed by the National Association of Members of the Public Ministry (Conamp).

The Court declared unconstitutional the expression “initiating a police investigation”, which appears in item XXI of article 45 of the state Complementary Law (LC) 65/2003 of Minas Gerais. The understanding of Minister Alexandre de Moraes, who opened a divergence, prevailed during the trial held in the virtual plenary, which ended on March 10 and was released on Tuesday (4).

Moraes considered that the power to request the initiation of a police investigation is linked to criminal prosecution and, therefore, requires uniform discipline in Brazilian territory, by express constitutional provision, informed the Court, in a note. As a result, a state norm that would extend this requisitioning power to the Public Defender’s Office would go against the procedural rule enacted by the Union. Moraes’ vote was accompanied by the President of the STF, Minister Rosa Weber, and Justices Ricardo Lewandowski, Dias Toffoli, Luiz Fux, Nunes Marques and André Mendonça.

The rapporteur of the case, Minister Luís Roberto Barroso, voted for the dismissal of the request. According to the Court, Barroso considered that the police inquiry is an administrative procedure, and therefore falls within the concurrent legislative competence of the Union, the states and the Federal District. The rapporteur’s understanding was accompanied by minister Cármen Lúcia and by ministers Edson Fachin and Gilmar Mendes.