Thursday, June 13, 2024


Withdrawal of investigative powers of the prosecutors of Brazil

Meeting in Brasilia on the occasion of the International Seminar “The Role of Public Prosecution in the Criminal Investigation” conducted by the Attorney General’s Office and the Ministry of Public Democratic Movement, we express our concern over the withdrawal of investigative powers in criminal prosecutors because

1. represents disrespect to the essence of the model built in the Federal Constitution of 1988, the result of the desires of society, which established the Public Prosecutor as an institution essential to citizenship, requesting it, and the defense of collective interests, diffuse and unavailable, the year of action public criminal, always intervening and adjacent towards civil society;

2. the exercise of criminal action efficiently and able to drive the achievement of justice before the Judiciary necessarily imply the ability of the prosecution to produce power, strategically select and obtain the evidence necessary for legal and legitimate demonstration of criminal responsibility of the accused;

3. removal of the investigative power of the prosecutor represents serious attack on Brazilian citizenship, endangering the safety of society and even the important processes in convictions that prosecutors had vital social role;

4. the active participation of the public prosecutor in a criminal investigation, including practicing acts directly when necessary research is essential to the fulfillment of its constitutional duty to protect the fundamental rights of the whole society;

5. internationally, there are unmistakable tendency to strengthen the prosecution seeking punitive efficiency, being indispensable to investigate and to coordinate the work of the judiciary police, and that there is no obvious weakening of international judicial cooperation, which requires the recognition of the status of autonomy and independence of the entities that coordinate criminal investigation in each country;

6. Brazil being the underwriter of the Rome Statute that created the International Criminal Court, made choice internationally for a model of investigative prosecutor, being internally unthinkable that the prosecutor is unable to investigate and involve kicking and disrespecting principles of international isolation and Brazil compared to other 120 countries that signed the statute.

Federal Prosecutor

Attorney General’s Office

Prosecutors Democratic Movement – MPD

European Magistrates for Democracy and Freedoms – Medel

Federation of Associations of Judges for Democracy in Latin America and the Caribbean – FJD

Prosecutor of the State of São Paulo

National Association of Members of Public Prosecution – CONAMP

National Association of Prosecutors – ANPR

Paulista Association of Public Prosecution – APMP

College Directors of Schools of Public Ministries of Brazil – CDEMP

National Council of Ombudsmen prosecutors – CNOMP

National Council of Attorneys General – CNPG

School of Public Prosecutor of São Paulo

Declaration of the association of judges of Latin America and Caraïbes (ES)

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