Prevenção e combate à violação de normas sanitárias: o papel do Ministério Público, a persecução penal e o exercício do poder de polícia administrativo pelos entes políticos

Abstract

Although there are health rules that prohibit or cause limitations to agglomerations, they have been occurring.Even though the respective conducts conform to the crime provided for in art. 268, CP, but political entities have not always exercised the administrative police power that is their duty, and that is why it is necessary to find out whether in these cases of omission or negligence the Public Prosecutor's role in the criminal sphere is legitimate in relation to the individuals who are gathering together. In this context, in a first moment of the research, the fundamental rights that can be affected by a criminal prosecution were identified, as well as the fundamental duty of zeal for public health.In a second moment, it was outlined what the police power consists of and characterized the principle of minimum intervention of criminal lawand in the end, it was concluded that in case of failure to exercise, satisfactorily, the police power by the public administrations, the Public Prosecutor's should not seek repression of the fact within a criminal prosecution for the practice of the crime provided for in art. 268, of the CP in relation to people who have gathered publicly.