Beyond the Bench: Mapping the Structure and Influence of Prosecutors in Latin America

• In Event: Prosecution in the Making I: Context and Operation of Prosecutorial Offices in the Americas

Abstract

Prosecutors wield immense influence in shaping judicial decision-making and other protocols of case review and investigation within and beyond the courtroom. As such, they hold a prominent role in the production of criminal punishment. These critical variations in the nature and range of local prosecutorial work and organization remain understudied, especially when compared to other criminal justice actors. While much has been said about their growing power in the courtroom (Bazelon, 2019; Sklansky, 2016), less is known about the diffusion of models of prosecutorial practice in comparative perspective (Langer, 2021). This study delves into the domain of the Prosecutor Offices (PO) in Latin America, specifically focusing on Argentina, Brazil, Chile, Colombia, and Mexico; it aims to examine the multifaceted roles of prosecutors in these countries. We draw on the review of policy documents and legislation as well as key informant interviews. Based on these data, we describe the current structure of POs along five structural dimensions: autonomy, capacity, effectiveness, access, and relationship with law enforcement. By examining these dimensions, this analysis provides valuable insights into the inner workings of POs in Latin America and assists in the comprehensive understanding of the legal and societal dynamics in Latin America.

Authors

• Ana Dulce Aguilar, Escuela Libre de Derecho

• Mariano Sicardi, University of José C. Paz

• Carolina R. Caliman, Rutgers University

• Ulda O. Figueroa, Centro de Estudios Justicia y Sociedad, Universidad Catolica de Chile

• Andres F. Rengifo, Rutgers University