Public Ministry (Brazil)

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The Ministério Público is the Brazilian body of autonomous magistrates formed of public prosecutors, working both at the federal and state level.

The procuradores da República, or federal prosecutors, are divided in three ranks, according to the jurisdiction of the courts before which they officiate. They are the "procuradores da República," federal prosecutors who officiate before single judges and lower courts; "procuradores regionais da República," prosecutors who officiate before federal appellate courts; and "subprocuradores gerais da República," prosecutors who officiate before the superior federal courts) The Procurador Geral da República heads the federal body and tries cases before the Supremo Tribunal Federal (STF), Brazil's highest court, in charge of judicial review and the judgment of criminal offenses perpetrated by federal legislators, members of the cabinet and the President of Brazil.

At the state level, the career is usually divided in "promotores de Justiça substitutos," substitute state prosecutors; "promotores de Justiça," state prosecutors which officiate before the lower courts; and "procuradores de Justiça," prosecutors officiating before the states' court of appeals. There are also military prosecutors whose career, although linked to the federal prosecutors, is divided in a manner similar to state prosecutors.

In Brazil, the prosecutors' main job is to promote justice. As such, they have the duty of not only trying criminal cases, but, if during the trial they become convinced of a defendant's innocence, requesting the judge to acquit him. The prosecutor's office always has the last word on whether criminal offenses will or will not be charged, with the exception of those rare cases in which Brazilian law allows for private prosecution. In such cases, the prosecutor will officiate as custos legis, being responsible to ensure that justice is indeed carried out.

Although empowered by law to do so, prosecutors conduct criminal investigations only in major cases, usually involving police or public officials' wrongdoings. Also, they are in charge of supervising police work and directing the police in their investigations. The power of individual prosecutors to hold criminal investigations is still controversial and, although massively supported by judges, prosecutors and the general population, it is being contested before the Supremo Tribunal Federal. Beside their criminal duties, Brazilian prosecutors are among those authorized by the Brazilian constitution to bring action against private individuals, commercial enterprises and the federal, state and municipal governments, in the defense of minorities, the environment, consumers and the civil society in general.