The end of the world inquiry and end of due process of law

Abstract

Every legal system, as we know, is conceived as a system and has the intrinsic objective of providing legal certainty. The Judiciary, in turn, has the state function of guaranteeing compliance with the principles, norms and rules that make up this system. Now, when we identify a phenomenon of relativization of these principles by the Supreme Court of the Brazilian Judiciary (STF), it is unavoidable to conclude that there is a scenario of legal insecurity. In this sense, the STF's processing of Inquiry 4781 goes against the entire principles governing the accusatory criminal justice system, where the figures of victim, accuser and judge are confused, denying the exercise of the fundamental right to due process of law. The work ultimately aims to identify the various flaws in the conduct of STF inquiry 4781, the failure to comply with each principle of the accusatory system (principle of the natural prosecutor, natural judge) and what the potential is to impact the legal security of the accusatory system and, ultimately, the democracy envisioned by the 1988 Charter of the Republic. The methodology adopted in this research was deductive, through a bibliographical survey, with exploratory observation and a qualitative approach.