Constitutional limits to direct criminal investigation by the Public Prosecutor's Office

Illegalities in the use of the notícia de fato and the military police

Abstract

The Brazilian Federal Supreme Court (STF), in ruling RE 593.727/MG (Theme 184), consolidated the understanding that the Public Prosecution Service has criminal investigative power, provided that the fundamental rights and guarantees of the investigated party are respected. However, this prerogative is not absolute and is subject to strict constitutional and procedural limits. This article analyzes the illegality of conducting informal investigative measures under the guise of preliminary fact-finding inquiries (Notícia de Fato), especially through the delegation of acts inherent to the judicial police to the Military Police. It is demonstrated that the Notícia de Fato, due to its strictly preliminary and screening nature (CNMP Resolution No. 174/2017), does not authorize invasive measures or the outsourcing of fact-finding to incompetent agents. The investigative action of the military corporation in common criminal offenses constitutes a usurpation of competence, in violation of Article 144 of the Federal Constitution and CNJ Recommendation No. 166/2025. As a procedural consequence, the failure to observe formalities and the use of incompetent authorities destroy evidentiary traceability, resulting in a break in the chain of custody (articles 158-A to 158-F of the CPP). The study concludes that such practices violate the structure of the accusatory system and due process of law, rendering the collected evidentiary elements inadmissible.