O MINISTÉRIO PÚBLICO DO MARANHÃO E OS SISTEMAS DE CONTROLE SOCIAL DAS VIOLÊNCIAS: desafios e possibilidades da tutela resolutiva do direito fundamental à segurança pública na cidade de São Luís – Maranhão.

Abstract

The theme of this research is the social control systems of violence and the resolutive action of the Public Ministry. The premise of this work stems from the profound contradiction between the current operating model of the Brazilian Public Ministry, guarantor of a reactive penal system, and its position in the constitutional architecture of 1988, as an institution guaranteeing fundamental rights, according to the typology developed by Luigi Ferrajoli. Given this contradiction, it is investigated to what extent the Public Ministry of Maranhão is able to develop a resolutive model of criminal protection in the city of São Luís - Maranhão, based on the understanding of the importance of the urban environment and the awareness of the complexity of the criminal phenomenon, in terms set by the theories originating from the Chicago School and the Criminology of Place. For this, the inductive approach method is used, through the critical and diagnostic socio-legal procedure, with the collection of empirical data collected from documentary sources, analyzed based on a careful bibliographic review, thus overcoming the mere normative analysis of positivist nature. As a result of the investigation, the research presents a current diagnosis of the institution, identifying negative and positive elements to the conformation of a new paradigm of action. In the end, it is concluded that there is evidence that, even in the face of important challenges, the Public Ministry of Maranhão has structural, organizational and normative elements that allow the construction of a resolutive model of protection of the fundamental right to public security in the city of São Luís - Maranhão.