As possíveis restrições à liberdade de expressão dos membros do Ministério Público em face da dimensão objetiva dos direitos fundamentais e a atuação dos órgãos correicionais.

Abstract

The scope of this work is to collect hypotheses based on the foundations that underlie the notion of public freedoms, in view of the objective dimension of fundamental rights, the observance of which is imposed on everyone, including members of Ministério Público, so that, when exercising this hallmark of democracy, freedom of expression, may commit excesses that offend the fundamental rights of third parties, with repercussions on the Institution's own credibility; as well as to explore the performance of the disciplinary control bodies with attributions for situations that reveal these excesses in Brazil, with the installation of the Conselho Nacional do Ministério Público. The work is linked to the research line of Contemporary Constitutionalism of the Graduate Program in Law at the University of Santa Cruz do Sul and is connected with the notion of the objective dimension of fundamental rights, which links and implies the duty of institutions and its members to respect and promote fundamental rights. The aim is, at the end of the investigative process, to provide an answer to the following problem: taking as a reference the notion of the objective dimension of fundamental rights, which binds and implies the duty of institutions and their members to respect and promote fundamental rights, Is it possible to envisage a potential differentiated restriction of the right to freedom of expression of members of Ministério Público, with the consequent correctional action? As for the method of approach, it will be deductive and as for the method of procedure, it will be the historical one; while the research technique will be the bibliography, carried out through indirect documentation. The contribution of this work resides in the reflection on the role entrusted by the Federal Constitution to the Public Prosecutor's Office (Ministério Público) to protect the legal order, the democratic regime, the unavailable social and individual interests, while the ordinary legislator conferred to the General Internal Affairs the task of supervising the functional duties of the members of the Institution, being its obligation to scrutinize possible excesses in the exercise of individual freedom of expression, especially when this occurs outside the procedural arena, noting that the objective dimension of fundamental rights must be understood both in relations between the individual and the State, as well as in relations between individuals, protecting, ultimately, the very dignity of the human person, radiating this binding force to all branches of Law, which must be interpreted not only according to, but also based on the fundamental rights norms. With this reasoning in mind, if there is a link even in relationships that are markedly private in nature, it will be all the more reason to link members of the Public Ministry, as a state body, guardian of fundamental rights.