Here on the IDP Blog, we've featured various articles from the legal world, covering a wide range of topics. These articles help lawyers and legal professionals stay up-to-date and thus better qualify themselves for the job market.

With this motivation, this article aims to explore important concepts for a better understanding of the role of the public prosecutor's office, as well as its importance for safeguarding individual rights. 

The Public Prosecutor's Office is an institution whose main function is the defense of the legal order, with strong constitutional support. Its role is essential to the jurisdictional function of the State, being responsible for defending the legal order, the democratic regime, and the unavailable social and individual interests.

Finally, this article aims to broaden the scope of career possibilities for lawyers and legal professionals. 

O role of the public prosecutor's office

To ensure that the Public Prosecutor's Office performs its duties ethically, impartially, and efficiently, thus protecting the interests of society and the legal order, it is necessary to adopt conduct and principles to that end.

The Public Prosecutor's Office is a unique and indivisible institution, operating throughout the national territory, and it is guided by certain principles that help it fulfill the mission it has been entrusted with. 

Thus, according to the principle of functional independence, members of the Public Prosecutor's Office have autonomy to perform their duties without being subordinate to any authority. They must act according to the principle of legality, always in accordance with the laws and the constitution. 

The Public Prosecutor's Office must act impartially, without being influenced by political, economic, or other interests. Therefore, the right of defense for both parties must be guaranteed, always ensuring due process, the right to a full defense, and the opportunity to present evidence.

The Public Prosecutor's Office must always protect the non-negotiable social and individual interests of the parties involved, and cannot relinquish its right to defend them, even if the interested party wishes to withdraw from the proceedings. Furthermore, it must act transparently and publicly.

Criminal investigation

Criminal investigation is a complex process involving several stages and actors, including the police, the Public Prosecutor's Office, and the Judiciary. The objective of the investigation is to gather evidence that allows for the identification and prosecution of the perpetrators of crimes.

The investigation typically begins with a complaint filed by an individual or a crime report, which can be made by anyone who has knowledge of a crime. If there is sufficient evidence of authorship and materiality, a police investigation is opened to investigate the case.

The investigation is usually conducted by a police officer and aims to collect evidence, hear witnesses, and interrogate suspects. Gathering evidence is a very important stage in the criminal process; it will be crucial to uncovering the truth.

After gathering all the necessary evidence, the police chief closes the investigation and sends it to the Public Prosecutor's Office. The Public Prosecutor's Office analyzes the investigation and decides whether there is sufficient evidence to file charges in court. If there is not, the investigation may be closed. If there is, charges are filed in court.

The Role of the Public Prosecutor's Office in Criminal Investigations

The Public Prosecutor's Office is an institution with various responsibilities in the field of criminal investigation, acting independently and impartially to ensure compliance with the law and the defense of the legal order. 

Therefore, it has the duty to oversee the actions of the police, verifying whether investigations are being conducted legally and efficiently, thus carrying out external police control.

Furthermore, they can closely monitor the progress of the police investigation, guiding the police in the collection of evidence and requesting necessary actions to clarify the facts, always prioritizing legality. There are several doctrinal discussions, both for and against, regarding the Public Prosecutor's Office's autonomous role in investigating criminal offenses.

Arguments are used that typically lead the Public Prosecutor to investigate only those media-related cases committed by politicians, religious leaders, influential people, the wealthy, etc. 

In fact, this is one of the arguments used by those who favor ministerial criminal investigations, because the Public Prosecutor's Office could investigate influential people, who might not be easily investigated by the police.

Professor José Afonso da Silva, in an opinion submitted to the Brazilian Institute of Criminal Sciences (IBCCRIM), concluded that the Public Prosecutor's Office does not have constitutional competence for direct criminal investigation. This is because the argument that the police are "corrupt" cannot be used to grant investigative power to the Public Prosecutor's Office, as it cannot be concluded that corruption would not also affect the Public Prosecutor's Office.

Finally, the ministerial investigation lacks constitutional support, but the Public Prosecutor's Office is permitted to conduct criminal investigations, as evidenced by the specific provision in the Organic Law of the Public Prosecutor's Office for this purpose, under Article 8, V, of Complementary Law No. 75/1993.      

Individual Guarantees and the Public Prosecutor's Office

Individual guarantees are fundamental rights ensured to individuals by the 1988 Constitution, and their purpose is to protect people's freedom, equality, and dignity. 

These guarantees are fundamental to ensuring that people are protected from abuse and arbitrary actions by the State or third parties, namely:

• The right to life, liberty, equality, security, and property;
• The right to due process, full defense, the right to confront witnesses, and the presumption of innocence;
• Right to privacy, confidentiality and data protection;
• The right to freedom of expression, thought, religion, association, and peaceful assembly;
• The right to education, health, culture, and leisure;
• Right to protection against any form of discrimination;
• Right to access to justice and effective judicial protection;
• The right to habeas corpus, writ of mandamus, writ of injunction, habeas data, and popular action.

The Public Prosecutor's Office must act impartially and objectively, seeking justice and the protection of fundamental rights, without violating the individual guarantees of those under investigation, such as the presumption of innocence, the right to a fair hearing, the right to a full defense, and due process of law.

It is important to emphasize that the Public Prosecutor's Office's actions must be guided by respect for fundamental rights, without any abuse or excess of power on the part of its members. 

Thus, the Public Prosecutor's Office can contribute to the protection and promotion of fundamental rights, including individual guarantees, during the investigation and criminal prosecution process.

Why is understanding the role of the Public Prosecutor's Office so important for the practice of law?

Understanding the role of the Public Prosecutor's Office is important for lawyers for several reasons. First, the Public Prosecutor's Office is one of the main institutions responsible for defending fundamental rights and overseeing compliance with laws, including criminal laws. 

Therefore, knowledge about the role of the Public Prosecutor's Office can help lawyers better understand the process of investigation and criminal prosecution, as well as the possibilities for defending their clients.

Secondly, the actions of the Public Prosecutor's Office can directly affect the rights and guarantees of those under investigation and accused, since the institution has the power to investigate, prosecute, and conduct criminal proceedings. Therefore, lawyers need to be aware of the practices and procedures adopted by the Public Prosecutor's Office in order to act effectively in defending the rights of their clients.

Furthermore, knowledge about the actions of the Public Prosecutor's Office can be useful for developing defense strategies, such as seeking procedural nullities when there are violations of the individual rights of those under investigation.

Finally, it is important to remember that the Public Prosecutor's Office must act in accordance with the law and respect for fundamental rights, and that any abuses or excesses can and should be challenged and combated by lawyers, with the aim of ensuring the protection and promotion of their clients' rights.

REFERENCES: 

Alves, Luciane Sini. The Public Prosecutor's Office and criminal investigation. UNIVALI, May 2007. 

Camelo, Thiago Freitas. The Public Prosecutor's Office in Criminal Investigations. Notebooks of the Public Prosecutor's Office of the State of Ceará.

CONJUR. In light of the 1988 Federal Constitution, can the Public Prosecutor's Office directly conduct and/or preside over criminal investigations?

Milanezi, Raissa de Cavassin. The role of the Public Prosecutor's Office in criminal investigations. Empório do Direito, 2021.