The Public Prosecutor's Office and Legal Change in Brazil
2001; Wiley; Volume: 32; Issue: 1 Linguagem: Inglês
10.1111/j.1759-5436.2001.mp32001008.x
ISSN1759-5436
Autores Tópico(s)Regulation and Compliance Studies
ResumoIDS BulletinVolume 32, Issue 1 p. 65-73 The Public Prosecutor's Office and Legal Change in Brazil Maria Tereza Sadek, Maria Tereza SadekSearch for more papers by this author Maria Tereza Sadek, Maria Tereza SadekSearch for more papers by this author First published: 22 May 2009 https://doi.org/10.1111/j.1759-5436.2001.mp32001008.xAboutPDF ToolsExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onEmailFacebookTwitterLinkedInRedditWechat Abstract Summaries In Brazil there is a significant gap between legality and reality. Legal Brazil is a country of equality and extensive rights, while the real Brazil is amongst the most unequal in the world and rights are consistently violated. This article examines how substantial legal innovations introduced by the 1988 Constitution may be narrowing this gap between the legal and the real. It focuses in particular on how new diffuse and collective rights in the Constitution may represent a potential mechanism for distributive justice, and on the greatly expanded role of the Office of the Public Prosecutor. Public prosecutors have become significant political actors in Brazil, playing an ever more important role in overseeing public institutions and in defending collective rights. They increasingly work with civil society actors to solve social problems that lie behind the defence of these rights. Notes Carvalho (1997) based on data from a research concludes that the justice system lsquo;is inaccessible to the great majority of Brazilians. For them, there is the Penal Code, and not the Civil Code' (p. 49). Capelleti and Garth (1988), in a text that became mandatory, state that 'the entitlement of rights has no meaning in the absence of mechanisms for its effective demands. The access to justice can be faced as a fundamental requirement — the most basic of human rights — of a modern and egalitarian juridical system that intends to guarantee, and not only proclaim everyone's rights' (p. 12.). The Public Prosecutor's Office has taken legal action against twelve ministers for using the Brazilian Air Force's planes (Força Aéria Brasileira) for private benefit. One must note, however, that the Attorney-General of the Republic also faces similar charges. In written law the possibility for supervision has always existed, whether it be by the legislature over the Executive or vice versa, or through the Tribunal de Contas (the legislature's Court for Public Spending), an organ created with the sole function to oversee public spending. Public Prosecutor from the state of Pará, interviewed April 1999. According to the Constitution, the Attorney-General of the Republic is 'appointed by the President of the Republic from among career members over thirty-five years of age, after his name has been approved by the absolute majority of the members of the Federal Senate, for a term of office of two years, reappointment being allowed.' According to a study conducted by IDESP, only 5 per cent of Public Prosecutor members agree with this selection rule. The overwhelming majority think that selection should be conducted without political interference. The Attorney-General of Justice is in turn nominated by the state Governor from a list of three candidates, who are elected from all members of the respective state Public Prosecution Office. Differences in selection rules for the federal and state attorney-generals serves as indicators of the institution's level of real autonomy. References Arantes, R., 'Um Novo Ator Político', O Estado de São Paulo, 25 April 1997, p. 2. Cappelletti, M. and B. Garth (1988) Acesso à Justiça, Porto Alegre: Sergio Antonio Fabris Editor. J. Murilo Carvalho (1997) 'Direitos Civis e Cidadania', in R. Matta (ed.) Brasileiro Cidadão, Rio de Janeiro: FGV. Castilho, Ela Wiecko and M. Tereza Sadek (1998) O Ministério Público Federal e a Administração da Justiça no Brasil, São Paulo: Editora Sumaré. Cavalcanti, Rosângela (1999) Cidadania e Acesso à Justiça, São Paulo: Editora Sumaré/Ford Foundation. José Eduardo (ed.) Faria (1989) Direito e Justiça: A Função Social do Judiciário, São Paulo: Ática. Marshall, T. H. (1967) Cidadania, Classe Social e Status, Rio de Janeiro: Zahar. Mazzilli, Hugo Nigro (1993) Regime Jurídico do Ministério Público, São Paulo: Saraiva. O'Donnell, Guillermo (1998) 'Poliarquias e a (in)efetividade da Lei na América Latina, Novos Estudos, 51. O'Donnell, Guillermo (1998) 'Accountability Horizontal e Novas Poliarquias', Revista Lua Nova, 44. Piovesan, Flavia (1995) 'A Atual Dimensão dos Direitos Difusos na Constituição de 1988', in Giorgi, Campilongo, Piovesan (eds) Direito, Cidadania e Justiça, São Paulo: Revista dos Tribunais. Sadek, Maria Tereza (1997) O Ministério Público e a Justiça no Brasil, São Paulo: Editora Sumaré. Vieira, O. Vilhena (1994) 'Império da lei ou da corte?, in Revista USP, 21. Volume32, Issue1January 2001Pages 65-73 ReferencesRelatedInformation
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