A TEORIA DOS PODERES IMPLÍCITOS NA JURISPRUDÊNCIA DO SUPREMO TRIBUNAL FEDERAL: ANÁLISE DO PRECEDENTE SOBRE O DISTRITO FEDERAL (RECURSO EXTRAORDINÁRIO N° 934906 DF)

Abstract

The Theory of Implied Powers originated in the United States Supreme Court in 1819, in the precedent McCulloch v. Maryland. According to this theory, when the Constitution assigns a power to a particular body or institution, it also implicitly grants it the necessary means to perform the duties assigned. The general objective of this paper is to discuss the importance of the Theory of Implied Powers today, as well as to analyze the Extraordinary Appeal in light of implied powers, with a view to determining whether or not it is incumbent upon the AGU to file the aforementioned appeal. The research is qualitative in nature, using a deductive method and a technical bibliographic and documentary procedure. The analysis begins with a study of the concept, history, and origin of Neoconstitutionalism, followed by an analysis of the concept, history, and origin of power, as well as the theory of separation of powers and the Federal Constitution of 1988, concluding with the emergence of the Theory of Implicit Powers and the investigative power of the public prosecutor's office. Finally, the Theory of Implicit Powers is discussed in Extraordinary Appeal 934906-DF. In conclusion, it is concluded that the public prosecutor's office has the power to investigate criminal actions, based on the Theory of Implicit Powers, and that this theory is increasingly being used to support decisions.