Análise do exercício da função administrativa sancionatória consumerista pelo Ministério Público em Minas Gerais

Abstract

This paper sought to discuss and verify the constitutionality of the exercise of the administrative sanctioning function by the Public Prosecutor's Office of Minas Gerais (MPMG) in the initiation and conduction of administrative sanctioning proceedings that violate the Consumer Defense Code (CDC) and the legal possibility of the State of Minas Gerais delegating such powers to the ministerial body. This analysis arises from the fact that the structure of Procon-MG includes the Consumer Prosecutors' Offices. As an administrative authority, the MPMG has been granted the power to initiate, conduct and judge administrative proceedings against violations of the CDC, as provided in the Constitution of the State of Minas Gerais of 1989, Complementary Law No. 34 of 12/09/1994, Complementary Law No. 61 of 12/07/2001 and Complementary Law No. 117 of 11/01/2011, all of them from Minas Gerais. These laws gave the MPMG cumulative attributions to act administratively as an instance of investigation, instruction and judgment, and as a body that oversees consumer relations and is responsible for the direct conduction of administrative sanctioning proceedings. In the latter case, for the purpose of applying administrative sanctions and penalties provided in Law 8.078/1990. This work has been conducted with a legal-dogmatic methodological approach and using normative analysis and bibliographic review. On assessing the unconstitutionality of the Complementary Laws of the State of Minas Gerais, the conclusion was that: a) the attributions granted to the Public Prosecutor's Office by the CF/88 do not include those described in these state laws, which violate the principles of separation of Powers, of symmetry and of hierarchy of laws; b) the State of Minas Gerais cannot delegate such administrative and sanctioning attributions to the Public Prosecutor's Office, whether by administrative act, ordinary law or complementary law.