Old institutions with new functions? The role of the prosecution system in Brazil after the Federal Constitution (1988)

• In Event: The Evolving Role of Judicial Agencies

Abstract

In the democratization process started in Brazil after the last military regime (1964-1985), the prosecution system, called 'Ministério Público', was reframed. This institution received new functions besides being responsible for criminal charges in penal trials. According to the new Federal Constitution, which came into force in 1988, the Ministério Público is responsible for the defense of juridical order, the democratic regime and social and individual interests (art. 127). Under this new role, the institution has to accomplish a different set of activities, which includes police oversight, supervision of prison penalties and the guarantee of collective rights, such as health, environment and public security (art. 129). In this paper, we present the results of a national survey carried out in 2015 with prosecutors in charge of different areas, in order to understand whom they are and how they perceive their actions after the Federal Constitution, especially in the three areas of interest mentioned. The results indicate that prosecutors are part of Brazil's elite and focus their action on criminal proceedings and guarantee of collective rights leaving police oversight and supervision of prison penalties aside.

Author

• Ludmila M Ribeiro, Universidade Federal de Minas Gerais