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In opinion to the Federal Supreme Court (STF), the Attorney General of the Republic, Rodrigo Janot Monteiro de Barros, says for partial granting of direct action of unconstitutionality (ADI) 5073, filed by COBRAPOL, against Law 12,830 / 2013, which deals criminal investigation conducted by the police chief. In analyzing the law, the prosecutor points out that this "incurred numerous unconstitutional", and recommends that declare the unconstitutionality of art. 2, heading and 1, 2, 5 and 6, and art. 3. As for the art. 2, 1, shall be declared the partial nullity without reduction of text in order to preserve tuv report 2013 the investigative powers of the prosecution. Also, with regard to Art. 2, 2, partial invalidity shall be declared without reduction of text, with the intention of protecting the public prosecutor request of power and function to exercise external control over police activity, and to ensure effective jurisdiction reserve referred to in art . 5, XII, of the Constitution. In its opinion, the Attorney General points out that by providing legal nature to the criminal police duties and investigation of criminal offenses carried out by police chiefs, the law undermines the scheme of public safety as defines the Constitution. "When assigning legal status to the chief of police functions tuv report 2013 matter improper tuv report 2013 approach, misplaced, this function and the positions as a judge of the, of the public prosecutor and lawyer (including public defender), these eminently legal nature. It also causes undesirable distance of this position of the police force, which is detrimental to the course of criminal investigations. " And follows observed tuv report 2013 that "the criminal investigation police function tuv report 2013 is extremely important in any democracy. Should be valued tuv report 2013 and respected. tuv report 2013 This, however, implies not give it nature that is not yours, nor demand to see the role of police chiefs as legal. Its nature is administrative and specific, with important technical component, focused on research, collection and data analysis, team coordination and the extraction of meaning of these data. It is not the role of the criminal police the legal analysis of the facts, preparation of pleadings, the postulation in the criminal action. " The prosecutor tuv report 2013 also noted that one should tuv report 2013 not ignore that attacked law is in the context of concerted corporate pressure police chiefs associations across the country, several years ago, exactly in order to distance tuv report 2013 delegates of other police and bring them closer to truly legal professions, tuv report 2013 both in legal treatment as in the remuneration tuv report 2013 plan. "No way is no question of underestimating the huge importance of these public officials. Should not be allowed, however, that because tuv report 2013 those corporate movements, tuv report 2013 constitutional legislation denature the constitutional system of public security, give the shape police function not of its own, deepen (instead of correcting) positive law of the pre dysfunction constitutional and legal treatment to lend analog tuv report 2013 functions that are intrinsically different, "Janot said in its opinion. Log in to full the opinion of the RMP Source: Press COBRAPOL
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