Public advocacy in the tripartite division of powers

an Essential Function of Justice an autonomus function that is not part of the organizational structure of any of the classic branches of government

Abstract

The Federal Constitution confers upon public advocacy the status of an Essential Function of Justice. This activity is regulated in Articles 131 and 132 of the Federal Constitution. Article 131 establishes that "the Attorney General's Office is the institution that, directly or through a linked body, represents the Union, judicially and extrajudicially, and is responsible, under the terms of the supplementary law that provides for its organization and functioning, for the activities of legal consulting and advising of the Executive Branch." In a democratic regime, state action must be directed towards meeting the interests and needs of society, always aiming at the promotion of the common good. The Essential Functions of Justice, especially those maintained and organized by the State, must be imbued with this purpose. These functions are regulated in Title IV, Chapter IV, of the Federal Constitution, which deals with the Organization of Powers. In Title IV, the Constituent Power organized, separately and distinctly, the Legislative, Executive, and Judicial Powers, as well as the Essential Functions of Justice. Thus, no Essential Function of Justice is an integral part of any of the powers, not even the Executive Power. The same is true for public advocacy. Therefore, it needs to have its autonomy and independence recognized in order to contribute more effectively to social pacification, through preventive actions to combat deviant conduct and the internalization of proactive stances aimed at reducing litigation.