Controle extrajudicial de constitucionalidade pelo Ministério Público: necessidade da regulamentação para a defesa da constituição e efetivação dos direitos fundamentais

Abstract

This study investigates the need for regulation of extrajudicial constitutionality control within the Attorney General's Office of the State of Tocantins (MPTO), aiming to improve its constitutional mission and the effectiveness of fundamental rights, through the proposal of an act by the State Attorney General of Justice that regulates extrajudicial constitutionality control within the institution. The research addresses the evolution of the institutional functions of the Brazilian Attorney General's Office since the 1988 Federal Constitution, the system of constitutionality control in the country, the institution's regulatory power, and, comparatively, the self-regulation practices adopted by other state Attorney General's Office. Using a methodology that combines deductive, dialectical, and comparative methods, in addition to bibliographic and documentary research, the study analyzed the performance of the MPTO and similar institutions. The results demonstrate that, although the MPTO uses extrajudicial tools, the absence of a formalized procedure for extrajudicial constitutionality control results in a low rate of consensual solutions (only 23% of cases of identified unconstitutionality are resolved through this means), contrasting with the high success rates observed in other states, such as Rondônia (62.50% extrajudicial resolution) and Espírito Santo (72% success in extrajudicially concluded procedures in 2022). It is concluded that the formal regulation of the extrajudicial procedure is necessary to promote greater speed and effectiveness in identifying and correcting unconstitutionalities, reduce reliance on the judicial system, and strengthen the preventive and resolute action of the Attorney General's Office, aligning it with the principles of good public governance.