Estudo comparativo da legitimação do Ministério Público: Argentina e Brasil

Abstract

This study provides a comparative analysis of the legal standing of the Public Prosecutor’s Office in Argentina and Brazil, based on a recent case from the Supreme Court of Justice of the Nation of Argentina. Initially, it discusses Argentine law and the interpretative potential within the country’s legal system for recognizing collective standing for the protection of public interest, as well as the transformation of the Public Prosecutor’s Office from a mere protector of individual rights to a guardian of legal order and promoter of collective rights. Subsequently, it explores the trajectory, legislation, and practices of the Public Prosecutor’s Office in Brazil, highlighting its role in collective redress. The comparison between the two models reveals the need to revisit the role of the Public Prosecutor’s Office, transitioning from a guardian of the law and protector of individual inalienable rights to a defender of the primary and social public interest centered on the Constitution, acting as custos societatis. The study also underscores the importance of an autonomous, budget-independent, capable, and independent institution to act in cases involving diffuse and collective rights