UNITY, INDIVISIBILITY AND FUNCTIONAL INDEPENDENCE: A SYSTEMIC ANALYSIS OF THE CONSTITUTIONAL PRINCIPLES OF THE BRAZILIAN PUBLIC PROSECUTOR’S OFFICE

Abstract

This paper examines the institutional principles governing Brazil’s Public Prosecutor’s Office — unity, indivisibility, and functional independence — through constitutional hermeneutics and Robert Alexy’s theory of fundamental rights. After distinguishing rules from principles, the study shows how these directives shape prosecutorial action, ensure internal coherence, and safeguard impartiality. Using a qualitative, bibliographic‑documentary approach, the article traces the historical development of the natural prosecutor principle, which replaced politically appointed “ad hoc prosecutors,” and assesses the National Council of the Public Prosecutor’s Office (CNMP) in implementing these values. Findings indicate that the effectiveness of the principles hinges on governance that reconciles functional autonomy with democratic oversight mechanisms, preventing both internal capture and undue external interference.