Escassez, eficiência e ação penal pública: entre a oportunidade e a obrigatoriedade no exercício da ação

The dissertation analyzes the mandatory public criminal accusation and its effects on the criminal Jurisdiction. It aims to establish a connection between the dependence of provocation and notions of scarcity and efficiency. Therefore, The Tragedy of the Commons is applied to criminal prosecution to highlight the relation between it and the economy. The research, using the hypothetical-deductive method, adopts positive economic analysis as the only one that can be applied with scientific validity to the prosecution. To reach its conclusions, it starts from the dogmatic composition of the notions of mandatory and facultative, the content of the relevant brazilian positive law provisions, as well as their constitutional compatibility. It is concluded that a regime of mandatory public criminal accusation is not the best option in terms of constitutional compatibility and that the regime of facultative public criminal accusation is not admissible in a continental system in which the exercise of public accusation is exclusively attributed to a public agency.