Public Ministry (Brazil)

For the institution in Portuguese law, see Public Ministry (Portugal).

Public Ministry in Porto Alegre.

The Public Ministry (Portuguese: Ministério Público) is the Brazilian body of independent public prosecutors, 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".^[1][2]

There are three levels of procuradores da República, or federal prosecutors, according to the jurisdiction of the courts 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 courts; 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 legislators, 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.

See also

• Law of Brazil
• Public Defender (Brazil)
• Due process of law

References

1. ^ [1] (Portuguese)
2. ^ (Portuguese) Temer: Ministério Público é quarto Poder daRepública