Poderes inquisitoriais do Supremo Tribunal Federal: a (in)constitucionalidade do inquérito policial nº 4781/DF (inquérito das fake news)

Abstract

The present undergraduate thesis aimed to analyze the constitutionality of inquiry number 4.781/DF, known as the fake news inquiry, in light of the doctrinal controversies that have arisen since its inception. To do so, it was necessary to conduct a brief theoretical approach to the history of the Brazilian Supreme Court as an institution, in order to understand its current role, under the terms of the 1988 Federal Constitution, and under what circumstances it has jurisdiction to judge the commission of criminal offenses, in order to understand its role in criminal prosecution. Subsequently, considerations were made regarding some criminal procedural principles that involve the subject, in order to allow an analysis of the compatibility of the inquiry with the content addressed. Later on, the phenomenon of fake news and the institution of inquiry number 4.781/DF were discussed, in order to explain the entire political and legal context experienced at the time, as well as the legal dissent evidenced, also addressing the position of the Supreme Court when judging the fundamental precept breach lawsuit that sought the declaration of unconstitutionality of the inquiry In the end, the author's opinion was exposed regarding the possibility to investigate the practice of crimes of responsibility and abuse of authority, as well as the unconstitutionality of the referred inquiry and the illegality of all evidence arising from it, which may lead to the rejection of the accusation for lack of reasonable cause, in the event of a criminal lawsuit. The methodology used was a case study related to the fake news inquiry, through qualitative bibliographical and documentary research, with an analysis of constitutional and legal norms related to the subject in the Brazilian legal system, as well as doctrinal and jurisprudential foundations.