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Department of Public Prosecution

The Department of Public Prosecution in Brazil is in charge of guaranteeing the maintenance of Brazil's democratic institutions and protecting the public interest.

This institution gained importance especially after the enactment of the Constitution in 1988 when it was defined that it would not be subject to any of the other powers (Executive, Legislative, and Judiciary).

It is entitled, among other provisions, to file petitions on behalf of a group of people, to request the unconstitutionality of a law, etc. In addition, it must comply with obligations such as ensuring that collective rights are observed.

Institutional Guidelines

This institution is characterized by two principles: a) the indivisibility of the institution and b) the institutional independence. Based on that, some critics tend to say that the Department of Public Prosecution is a "fourth power". As a result, certain analysts are likely to be skeptical about this institution due to the fact that it has been gaining much power.

The Investigation Issue

There have been arguments regarding the constitutionality of investigation being promoted by the Institution. The Federal Constitution does not clearly state this entitlement. Consequently, jurists disagree on whether or not this institution has the power to collect evidence and carry out the investigation process by itself. Despite criticism, it plays a key role in the Brazilian Legal System.

Phone: 212-300-7174

Email: info@oliveiralawyers.com