Public Ministry (Brazil)
Encyclopedia
The Public Ministry is the Brazil
ian body of independent public prosecutor
s, working both at the federal and state level. It operates independently from the three branches of government, and was referred to by Constitutional scholar Michel Temer
as the "Fourth Branch".
There are three levels of procuradores da República, or federal prosecutors, according to the jurisdiction
of the court
s before which they perform their duties. There are the "procuradores da República," or federal prosecutors, who bring cases before judges in lower courts; "procuradores regionais da República," prosecutors in federal appellate court
s; and "subprocuradores gerais da República," prosecutors acting in superior federal courts) The Procurador Geral da República heads the federal body and brings cases before the Supremo Tribunal Federal (STF), Brazil's highest court that handles judicial reviews and criminal offenses committed by federal legislator
s, members of the cabinet and the President of Brazil
.
At state level, the body usually has three divisions: "promotores de Justiça substitutos," substitute state prosecutors; "promotores de Justiça," state prosecutors which bringing cases before lower courts; and "procuradores de Justiça," prosecutors in states' courts of appeal. There are also military prosecutors whose duties, although related to federal prosecution, have a structure similar to that of state prosecutors.
In Brazil, prosecutors' main job is to uphold justice. As such, it is their duty to bring criminal charges and try criminal cases, but also to request acquittal of charges, if during a trial they become convinced of a defendant's innocence. Prosecutors' always have the last word on whether criminal offenses will or will not be brought, with the exception of those rare cases in which Brazilian law allows for civil prosecution. In those cases, the prosecutor acts as custos legis, and ensures that justice is indeed delivered.
Although the law allows prosecutors to conduct criminal investigations, they only do so in major cases, usually where there has been wrongdoing involving the police
or public officials. They are also in charge of supervising police work and police investigations. The power prosecutors have to conduct criminal investigations is controversial and, although judges, prosecutors and the general population favor it generally, it is being contested before the Supremo Tribunal Federal.
In addition to prosecuting crimes, Brazilian prosecutors are also authorized, among others, by the Brazilian constitution
to bring action against private individuals, commercial enterprises and the federal, state and municipal governments, in the defense of minorities, the environment, consumers and the civil society in general.
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
ian body of independent public prosecutor
Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries with either the common law adversarial system, or the civil law inquisitorial system...
s, working both at the federal and state level. It operates independently from the three branches of government, and was referred to by Constitutional scholar Michel Temer
Michel Temer
Michel Miguel Elias Temer Lulia , better known as Michel Temer, is a Brazilian lawyer and politician, and currently the Vice-President of Brazil after winning on the ticket of Workers' Party candidate Dilma Rousseff...
as the "Fourth Branch".
There are three levels of procuradores da República, or federal prosecutors, according to the jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
of the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...
s before which they perform their duties. There are the "procuradores da República," or federal prosecutors, who bring cases before judges in lower courts; "procuradores regionais da República," prosecutors in federal appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
s; and "subprocuradores gerais da República," prosecutors acting in superior federal courts) The Procurador Geral da República heads the federal body and brings cases before the Supremo Tribunal Federal (STF), Brazil's highest court that handles judicial reviews and criminal offenses committed by federal legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
s, members of the cabinet and the President of Brazil
President of Brazil
The president of Brazil is both the head of state and head of government of the Federative Republic of Brazil. The president leads the executive branch of the federal government and is the commander-in-chief of the Brazilian Armed Forces...
.
At state level, the body usually has three divisions: "promotores de Justiça substitutos," substitute state prosecutors; "promotores de Justiça," state prosecutors which bringing cases before lower courts; and "procuradores de Justiça," prosecutors in states' courts of appeal. There are also military prosecutors whose duties, although related to federal prosecution, have a structure similar to that of state prosecutors.
In Brazil, prosecutors' main job is to uphold justice. As such, it is their duty to bring criminal charges and try criminal cases, but also to request acquittal of charges, if during a trial they become convinced of a defendant's innocence. Prosecutors' always have the last word on whether criminal offenses will or will not be brought, with the exception of those rare cases in which Brazilian law allows for civil prosecution. In those cases, the prosecutor acts as custos legis, and ensures that justice is indeed delivered.
Although the law allows prosecutors to conduct criminal investigations, they only do so in major cases, usually where there has been wrongdoing involving the police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
or public officials. They are also in charge of supervising police work and police investigations. The power prosecutors have to conduct criminal investigations is controversial and, although judges, prosecutors and the general population favor it generally, it is being contested before the Supremo Tribunal Federal.
In addition to prosecuting crimes, Brazilian prosecutors are also authorized, among others, by the Brazilian constitution
Constitution of Brazil
During its independent political history, Brazil has had seven constitutions. The most recent was ratified on October 5, 1988.-Imperial Constitution :Background...
to bring action against private individuals, commercial enterprises and the federal, state and municipal governments, in the defense of minorities, the environment, consumers and the civil society in general.