THE BRAZILIAN PROSECUTOR: constitutional organ with status of state power for defense of the society.
Brazilian prosecutors. Constitution of the Federative Republic of Brazil
1988. State Power. Defense of society.
Once positivized fundamental rights in constitutions, the present challenge relates to
the implementation of these rights in the world of facts. With the desideratum to check
social efficiency to fundamental rights and overcome the obstacles to the constitutional
project of transformation of social reality, it emerged the Ministry contemporary
Brazilian public. The paradigmatic jump champion at the king's attorney society
occurred gradually with the historical evolver and was consolidated in the 1988
Constitution, to elect the fundamental principles and values for the democratic rule of
law was established, he chose the prosecutor to defend the order legal for society. Thus,
in seeking to overcome this state of affairs and give real effect to these rights, the
constituent 1988 radically altered the institutional profile of the prosecution, defining it
in Article 127 as a permanent institution, essential to the jurisdictional function of the
State, to defend the legal order, the democratic regime and social and individual
interests. With the analysis of the evolution of the Public Ministry in Brazil seeks to
demonstrate the broad social legitimacy that the institution is among us, especially the
examination of the work developed during the National Constituent Assembly of
1987/1988. It happens that the Brazilian Public Ministry did not appear to suddenly
constituents and improvised way, but the result of an extensive process aimed at giving
the country an institution to serve him, which were bulwark of democracy and
citizenship, not representative of State, in compliance the demands of Brazilian society
largely repressed by years of dictatorship. The prosecutor became then the constitutional
institution more tied to fundamentals and fundamental objectives of the Federative
Republic of Brazil, such as citizenship, human dignity and the promotion of the
common good. At the same while the Citizen Charter granted such important missions
to ministerial institution, gave it also features and identical privileges to state constituted
powers so well if hold function, which has led to the understanding of renowned jurists
who treat the Brazilian Public Ministry of fourth state power. In this context, it analyzes
the theory of tripartite division of state powers with the aim of demonstrating that the
state power is one and indivisible, being subject to division only state functions,
namely: to legislate, administer, adjudicate and enforce. And yet there has been
proposed to create a new separate body for the defense of the people during the
Constituent Assembly, this proved to be highly pragmatic and chose to assign to the
prosecutor this function, especially since the ministerial institution was already
performing this assignment in world factual, within the possibilities of the legal and
political context. Aims to demonstrate to the survey title that the Brazilian Public
Ministry is not a power of the state, but has power status to do successful defense of
society, defending this will be effective only if prioritized resolving to the detriment of
request.