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What is the role of the Attorney General?

22 de May de 2019

This position is entirely related to the Public Ministry, which is responsible for overseeing the three powers (Executive, Legislative and Judiciary). The attorney general performs the functions of the MP in the highest courts of the country: the Supreme Federal Court (STF) and the Superior Court of Justice (STJ), also acting in the Superior Electoral Court (TSE).

Thus, the attorney general works to represent and defend the interests of society, as well as the so-called unavailable rights (for example: right to life, freedom, health, etc.). Since he is responsible for such an important function, the attorney general must always be heard in the actions of the courts, such as those of unconstitutionality (actions that challenge a certain project or law and its compatibility with principles of the Federal Constitution), judged by the STF.

In addition, it is he who investigates and proposes criminal proceedings to the higher courts against authorities with privileged jurisdiction (which can only be tried in such courts, as federal deputies, senators and ministers).

  • Proposed Law Projects

The attorney general is one of the few figures who can propose bills to the National Congress. But these projects should deal with issues related to the Public Prosecutor’s Office, such as the creation and extinction of positions within the agency and the definition of salaries of employees. It is also the attorney general who proposes the budget of the MPU.

  • How is the Attorney General chosen?

Who has the final word on the name of the Attorney General is the President of the Republic, since for the position, it is necessary that the President be nominated. However, since 2001, an alternative system of choice has been used for this decision: the triple list. This list is considered an advance by the National Association of Attorneys of the Republic, because it made the decision on the position of attorney general more democratic. Still, the law does not prevent any president in the future from breaking that tradition.

The prosecutor-general is in office for two years, but may bid for the position again. This was the case of Rodrigo Janot, nominated for the first time in 2013 and reappointed to the position in 2015. In the case of Raquel Dodge, current attorney general of the Republic, there has still been no manifestation about a possible new candidacy.

Source: @politize

Dr. Athos Feitas Fernandes Souza – OAB/MG 176.707
Dr. Giovanni Bittencourt de Souza – OAB/MB 176.984