The Brazilian Prosecutor’s Office as a “Fourth Branch”: a relevant constitutional recognition

Authors

  • Igor Spock Silveira Santos Universidade Federal da Bahia

DOI:

https://doi.org/10.12957/publicum.2016.22787

Keywords:

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.

Author Biography

Igor Spock Silveira Santos, Universidade Federal da Bahia

Law degree and Masters in Law at Universidade Federal da Bahia. Lawyer.

Published

2016-12-31

How to Cite

Santos, I. S. S. (2016). The Brazilian Prosecutor’s Office as a “Fourth Branch”: a relevant constitutional recognition. Revista Publicum, 2(2), 120–168. https://doi.org/10.12957/publicum.2016.22787

Issue

Section

Artigos Científicos