El Ministerio Público garante de los derechos fundamentales en la etapa preparatoria penal

Resumen

The present work is a documentary investigation, titled: "The Public Ministry guarantor of the fundamental rights in the criminal preparatory stage". The central point of this study is to analyze the violated rights of the citizen at this stage and the protection of the Public Ministry so that they are not affected; as well as to establish the limits in the actions of the organs in charge of the preparatory investigation. The General Objective proposed was: to analyze the role of the Public Ministry as a guarantee of the fundamental rights of the actors of the justice system in the preparatory stage of the criminal investigation. The specific objectives proposed were: 1. Verify the general aspects of the Public Ministry in the Dominican Republic, 2. Specify the role of the Public Ministry in the justice system, 3. Identify the principles of action of the Public Ministry, 4. Analyze the Article 26 of Law 133- 11 about the functionality with a view to the protection of fundamental rights, 5. Establish the relationship between the Public Ministry and fundamental rights, 6. Focus on the role of the Public Ministry as guarantor of rights fundamental in the investigation, from the constitutional jurisprudential perspective, 7. Provide the Public Ministry's compliance with the effective protection of fundamental rights in the preparatory stage in the Dominican Republic. . The design of this research is non-experimental, because the variables are studied by establishing their essential properties without controlling, intervening or iv manipulating the context. For its development, the type of descriptive research was used, therefore, through the description that aims to expose everything related to the role of the Public Ministry and its importance in the preparatory stage. The results indicate that the constitutionalization of criminal law in the Dominican Republic means that the justice system is based on the catalog of fundamental rights, which constitutes an imperative guarantee for the State and its institutions to ensure the basic values that human society considers minimum and essential for its realization and improvement, and that at the same time they must be respected to any person regardless of their condition, sexual orientation, religion, ethnic or national origin, sex, socio-economic position or political conviction. Hence, it is an essential function of the Public Ministry to recognize and protect these rights.