The Public Prosecutor’s Office in the Federal Constitution of 1988

This work is based on an analysis of the changes that the Public Prosecutor’s Office has undergone in terms of its activities, function, guarantees and duties. Article 127 of the 1988 Federal Constitution granted the Public Prosecutor’s Office certain prerogatives and guarantees with regard to the institution itself and its members, namely: ’It is a permanent institution, essential to the jurisdictional function of the State, responsible for defending the legal order, the democratic regime and inalienable social and individual interests.’ The 1988 Constitution also detailed in its text the structure and elements necessary for the effective defence of the democratic regime. However, it is necessary to first analyse the historical evolution of the Public Prosecutor’s Office in Brazilian constitutions, as well as to compare the treatment given to the Public Prosecutor’s Office in the 1988 Constitution with that of countries such as the United States of America, Portugal, France, Italy and Germany. Finally, the legality of the Public Prosecutor’s Office’s power to conduct criminal investigations will also be analysed.