O desenho institucional do MinistÃrio PÃblico: o procurador â Geral da RepÃblica e as aÃÃes diretas de inconstitucionalidade

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

The Brazilian Constitution of 1988 provided a new institutional design for the Public Department, not anymore tied to the Executive Power, and placing it into its own title, named as âJustice Essential Functionsâ. Furthermore, it was given functional, administrative, and financial autonomy. Another innovation were the guarantees assured to Public Department members, in which a political agent stands out: the Republicâs Attorney-General. He, before the changes, was not chosen among the Public Departmentâs agent had not a defined term of office, and was under only the President of the Republic, who invested or at any time. The Constitution has also innovated in its defense. Before the changes, the defense was an exclusive prerogative of the RepublicÂs Attorney-General and, as he was under the chief of the Executive, who ultimately had the power do propose subjects to be judicialized was the President of the Republic. With these remarks on mind, this workâs proposal is to demonstrate how the Public Department acquired the constitutional design it has now, as well as to study Republicâs Attorney-General character. To accomplish that, it was chosen as verification criteria to measure the consequences of this change, the centralized control of the constitutionality of the statutes, possible, in this work, through the direct actions of unconstitutionality, once the other innovation of the Constitutional Charter was the existence of new colegitimate to propose the constitutionality verification. This way, another institutional actor has also been object of this study: the Supreme Court, which, despite the fact that it has not been raised to the status of Constitutional Court, it has the leading competence to guard the Constitution. So, it was necessary to verify how the interaction between these two institutional actors â the Public Department, specifically, the Republicâs Attorney-General, and the Supreme Court âhappens. This verification was done due the direct actions of unconstitutionality

ASSUNTO(S)

revisÃo judicial controle de constitucionalidade ministÃrio pÃblico supreme court public department judicial review constitutionality control supremo tribunal federal ciencia politica

ACESSO AO ARTIGO

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