O Ministério Público em defesa da democracia : uma análise a partir dos eventos do 8 de janeiro de 2023

Abstract

On January 8th, 2023, the destruction of the headquarters of the Three Branches of State in the Brazilian federal capital occurred, motivated by the dissatisfaction of the rioters regarding the results of the 2022 presidential elections. Because of that, the Federal Prosecution Service conducted investigations to identify those involved in the attacks, as well as filled the appropriate charges and non-prosecution agreements. Furthermore, other segments of the institution’s structure also acted in the context of the fact, adopting measures to monitor the repercussion of the acts on local scales and prevent new events of anti-democratic nature. Therefore, this monograph’s goal is to analyze, through bibliographic and documentary research, whether the institutional action of the Public Prosecutor’s Office, in the January 8th case, could be considered an example of accomplishment of the mission assigned to it by article 127 of the Federal Constitution, which is to defend the democratic regime. Moreover, the origin and the contours of the association between the Public Prosecutor’s Office and democracy were investigated, with the aim of assessing the dimensions of the referred institutional role. Finally, it was concluded that the institution’s action on the January 8th case is, indeed, a clear example of the protection of democracy, and that the relationship between the Public Prosecutor’s Office and this regime allows the former’s acts to be independent and, therefore, effective in fulfilling its constitutionally established duties.