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The Public Prosecutor's Office (, lit. "Public Ministry", often abbreviated "MP") is the Brazilian body of independent public prosecutors at both the federal (') and state level (''Ministério Público Estadual''). It operates independently from the three branches of government. It was once referred to by constitutional lawyer and former president
Michel Temer Michel Miguel Elias Temer Lulia (; born 23 September 1940) is a Brazilian politician, lawyer and writer who served as the 37th president of Brazil from 31 August 2016 to 1 January 2019. He took office after the Impeachment of Dilma Rousseff, impe ...
as a " Fourth Branch". The Constitution of 1988 divides the functions of the Public Prosecutor's Office into three different bodies: the Public Procurator's Office, the '' Public Defender's Office'' and the Public Prosecutor's Office itself, each one of them an independent body. In addition to that, the new Constitution created the Federal Court of Accounts (), which is also autonomous in its functions. There are three levels of public prosecutors, according to the jurisdiction of the courts before which they perform their duties. There are the federal prosecutors (') who bring cases before judges in lower courts; the
appellate In law, an appeal is the process in which Legal case, cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of cla ...
federal prosecutors ('); and the superior federal prosecutors ('). The Prosecutor General (Procurador Geral da República) heads the federal body and brings cases before the
Supreme Federal Court The Federal Supreme Court (, , abbreviated STF) is the supreme court (court of last resort) of Brazil, serving primarily as the country's Constitutional Court. It is the highest court of law in Brazil for constitutional issues and its rulings ...
, which handles final judicial reviews and criminal offenses committed by federal legislators, members of the cabinet, and the
President of Brazil The president of Brazil (), officially the president of the Federative Republic of Brazil () or simply the ''President of the Republic'', is the head of state and head of government of Brazil. The president leads the executive branch of the ...
. At the state level, the body usually has three divisions: deputy state prosecutors ('); state prosecutors before the lower courts ('); and appellate state prosecutors ('). There are also military prosecutors () whose duties are related to State Military Police Corps and Military Firefighter Corps. The Office is part of the Brazilian criminal justice system, whose task is to uphold justice. The main job of prosecutors 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 have the last word on whether criminal charges are filed, except in those rare cases in which Brazilian law permits civil prosecution. In those cases, the prosecutor acts as ''custos legis'' and ensures that justice is indeed delivered. It is also mandatory that a Prosecutor to be part of litigation related to underage minors. 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 The police are Law enforcement organization, a constituted body of Law enforcement officer, people empowered by a State (polity), state with the aim of Law enforcement, enforcing the law and protecting the Public order policing, public order ...
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 Supreme Federal Court. 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 Union, state, Federal District, and the municipal governments, in the defense of minorities, the environment, consumers and the civil society in general.


Constitution of 1988

Until the Constitution of 1988, Brazil adopted a worldwide-common system: the legal representation of the Union (the federation), the states, the Federal District, and the municipalities, was attributed to the Public Prosecutor's Office, which had a main role as a public ministry of attorneyship and also would act in defense of weaker classes, such as poorer, elder and native people. Hence, the attorneyship was divided between public and private ministry, the first one considered a kind of magistracy. The Union (the federation) was represented by the Federal Public Ministry, and the States were represented by each State Public Ministry. Under the will to develop the protection to civil rights and improve the democratic control of the Government, however, the Constitution created a new system, advancing from the old theory of tripartition, bringing the Essential Offices to the Justice (articles 127 to 135). These Offices included the ''Public Prosecutor's Office'', the '' Public Procurator's Office'', the ''Public Defender's Office'' and the attorneyship itself, which remained private. Although, the new Constitution established a new division of responsibilities, which can be synthesized as the following: * Society's Procuracy: the ''Public Prosecutor's Office''; * Nation's Procuracy: the '' Public Procurator's Office''; * Weaker classes Procuracy: the ''Public Defender's Office''. Thus, the ''Public Prosecutor's Office'' was put in charge of the defense of society in criminal and civil issues; the '' Public Procurator's Office'' was put in charge of the intern control of the Public Administration, policing the acts of the Government, such as the legal representation of the nation in intern and international issues; and the ''Public Defender's Office'' was put in charge of the defense of the weaker classes. Each Office is independent in its duty to guarantee democracy.


Branches of the Brazilian Public Ministry

Brazilian Judiciary System is divided not only regionally, but also by the subject of discuss. As such, the Brazilian Public Ministry is divided in 5 branches, designed to match the Judiciary Division. The branches are: *Ministério Público Federal (Federal Public Ministry), in charge of crimes judged by federal courts and federal civil activities. One can say this branch is the "default branch". *Ministério Público do Trabalho (Labour Public Ministry) in charge of keeping and supervising Labour Laws *Ministério Público Militar (Military Public Ministry) in charge of prosecuting military from the 3
Brazilian Armed Forces The Brazilian Armed Forces (, ) are the unified Military, military forces of the Brazil, Federative Republic of Brazil. Consisting of three Military branch, service branches, it comprises the Brazilian Army (including the Brazilian Army Aviati ...
in their criminal misdoing during duties *Ministério Público do Distrito Federal e dos Territórios (Federal District and the Territories Public Ministry) in charge of justice in the Federal District and in the territories of the Union. Since the 1988 Brazilian Constitution, there are no active territories. *Ministério Público Eleitoral (Electoral Public Ministry) is a mixed branch, composed by both Federal and State Prosecutors. The several State Public Ministries are not divided in branches, but their prosecutor can be specialized in specific subjects. The exception are the few states with an Appeal Military State Court, as they have Military State Prosecutors in an independent branch.


See also

*
Law of Brazil The law of Brazil is based on statutes and, partly and more recently, a mechanism called ''súmulas vinculantes''. It derives mainly from the European civil law systems, particularly the Portuguese, the Napoleonic French and the German (espec ...
*
Public defender (Brazil) A public defender is a lawyer appointed to represent people who otherwise cannot reasonably afford to hire a lawyer to defend themselves in a trial. Several countries provide people with public defenders, including the UK, Belgium, Hungary and Si ...
* Public Ministry (Portugal)


References

{{authority control Brazilian criminal law
Public In public relations and communication science, publics are groups of individual people, and the public (a.k.a. the general public) is the totality of such groupings. This is a different concept to the sociology, sociological concept of the ''Öf ...
Government agencies of Brazil