Limites do princípio da presunção de inocência em face do Ministério Público

Abstract

This monograph uses the limits of presumption of innocence and the features of public ministry. The first chapter organizes the general aspects of principle of innocence presumption and also, the features of public ministry and functions in the brazilian criminal process. The second chapter clarifies objective and subjective limits of presumption of innocence, considering also the public ministry representant, other and parts of process, a example the police authority and the judge, on situations that restrict the principle reach. The third chapter demonstrated the moments during the process (in broad sense) where the presentation of representant of public ministry meant restrictions to the subjective limits of principle, as example the presentation of report and the restrictions on subjectives limits, where the own law predict the distance of principal. Ultimately, on fourth chapter it see situations on criminal process (broad sense) where the punisher pretention is removed, keeping the presumption of innocence in the imputed, happening as example on the archiving request of police survey or on obsolution request, on the final allegations. From this, it is concluded for the mutability done by the representative of the public ministry, that can happen voluntary as those two examples mentioned, or impositively, as example, the acquittal judgment criminal that will prevent punisher pretension.