Banca de DEFESA: KARINY GONÇALVES FONSECA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
DISCENTE : KARINY GONÇALVES FONSECA
DATA : 11/08/2016
HORA: 09:00
LOCAL: UFRN-NÚCLEO DE PÓS-GRADUAÇÃO EM DIREITO
TÍTULO:

THE BRAZILIAN PROSECUTOR: constitutional organ with status of state power for defense of the society.

PALAVRAS-CHAVES:

Brazilian prosecutors. Constitution of the Federative Republic of Brazil

1988. State Power. Defense of society.

PÁGINAS: 105
GRANDE ÁREA: Ciências Sociais Aplicadas
ÁREA: Direito
SUBÁREA: Direito Público
ESPECIALIDADE: Direito Constitucional
RESUMO:

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.

MEMBROS DA BANCA:
Externo à Instituição - DJASON BARBOSA DA CUNHA - UnP
Presidente - 1197589 - MARIA DOS REMEDIOS FONTES SILVA
Externo ao Programa - 2322239 - MORTON LUIZ FARIA DE MEDEIROS