The Brazilian Prosecutor’s Office as a “Fourth Branch”: a relevant constitutional recognition
DOI:
https://doi.org/10.12957/publicum.2016.22787Keywords:
Brazilian Prosecutor’s Office, Separation of powers, Checks and balances, Hypertrophy, Fourth Branch.Abstract
This article discusses the possibility to recognize the Brazilian “Ministério Público” (Prosecutor’s Office) as a “Fourth Branch” in the constitutional order. Therefore, it is investigated the appearance of the theory of division of state functions, thus postulating essential elements to the existence of a “Branch”. Then it is analyzed the Brazilian Federal Constitution and the new arrangement that was given to the Prosecutor’s Office, being made a historical analysis of the power to prosecute. It is taken as a possible recognition the one about the relevance (more pragmatic than logic) of this finding, especially to the analysis of its relation with the other branches, participating in the system of checks and balances, besides the need for the institution to observe the current constitutional arrangement, not to use his constitutional prominence to encroach the others.
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