The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems

Níkolas Reis Moraes dos Santos; André Braga de Araújo

doi:doi:10.11648/j.ijls.20200303.13

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The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems

Níkolas Reis Moraes dos Santos, André Braga de Araújo

Published in International Journal of Law and Society (Volume 3, Issue 3)

Received: 10 June 2020 Accepted: 1 July 2020 Published: 6 July 2020

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Abstract

This paper results from a bibliographic and field research that had as main objective to identify in the constitutional literature and in the personal experience of the authors, elements that could confirm the hypothesis that supposes that the differences between the Brazilian and the United States of America constitutional systems are relevant in light of the prosecutor's role as the holder of the criminal and civil issues. The authors´ participation in the International Legal Scholars Academy Program, from Delaware Law School, guaranteed the field research, which was supported by the bibliographic review of Brazilian and North American authors, in addition to the two Constitutions and infraconstitutional laws. The conclusion, so, confirmed the hypothesis, that is, although substantial similarities have been identified between the two systems, the differences among them are huge, to the point that it can be said that they are indeed paradigmatic. Especially, because in U.S. prosecutors have the obligation to represent them government in all legal matter, while a public lawyer represents Brazilian government in legal matters. In short, Brazilian Prosecutors represent and defend the law enforcement, not the government. Also, because of the differences of the judicial traditions: Civil Law versus Common Law. To achieve the objective, the referent technique was used and inductive method was applied. The nature of the research is basic and the approach to the problem is qualitative.

Published in	International Journal of Law and Society (Volume 3, Issue 3)
DOI	10.11648/j.ijls.20200303.13
Page(s)	96-101
Creative Commons	This is an Open Access article, distributed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted use, distribution and reproduction in any medium or format, provided the original work is properly cited.
Copyright	Copyright © The Author(s), 2020. Published by Science Publishing Group

Keywords

Liberal Democracy, Constitutional Right, Public Prosecutor

References

[1]	Mounk, Y. (2018). The people vs. Democracy: Why our freedom is in danger and how to save it. Cambridge: Harvard University Press, 8.
[2]	Shubert, F. A. (2015). Introduction to the Law and the Legal System. 11ª edition. Stamford: Cengage Learning, 90.
[3]	United Nations – UN Access Nov. 12, 2019.
[4]	Ribeiro. R. J. In. Barreto, V. P. (2010). Dicionário de Filosofia Política. São Leopoldo: Editora Unisinos, 134.
[5]	UNITED STATES - US. The Constitution of the United States of America. Carlisle: Applewood Books.
[6]	Hamilton, A. Jay, J. and Madison, J. (2001). The Federalist. Indianapolis: Liberty Fund, 268-269.
[7]	BRASIL - Constituição Access Nov., 13, 2019.
[8]	Mounk, Y. (2019). O povo contra a democracia: por que nossa liberdade corre perigo e como salvá-la. Tradução de Cássio de Arantes Leite e Débora Landsberg. 1ª ed. São Paulo: Companhia das Letras, p. 44/54.
[9]	Fukuyama, F. (1992). The end of History and the last man. New York: The Free Press, p. 3.
[10]	Harari, Y. N. (2018). 21 Lessons for the 21th Century. London: Jonathan Cape, p. xiv.
[11]	Levitsky, S. and Ziblatt, D. (2018). How democracies die. New Youk: Broadway Books, xix.
[12]	Fukuyama, F. (2011). The origins of political order: From Prehuman Times to the French Revolution. London: Profilebooks, 246-247.
[13]	The American Bar Association. Access. Nov., 13, 2019.
[14]	René, D. (1997). O Direito Inglês. Tradução de Eduardo Brandão. São Paulo: Martins Fontes, p. 34/49.
[15]	Mazzilli, H. N. (2019). Princípios Institucionais do Ministério Público. Access Nov., 13.
[16]	Ritt, E. In Ribeiro, C. V. A. (2018). Ministério Público: Reflexões sobre princípios e Funções Institucionais. 4ª ed. São Paulo: Editora Atlas, p. 24.
[17]	The United States Department of Justice. Principles of Federal Prosecution. Justice.gov/9-27000.

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Níkolas Reis Moraes dos Santos, André Braga de Araújo. (2020). The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems. International Journal of Law and Society, 3(3), 96-101. https://doi.org/10.11648/j.ijls.20200303.13

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Níkolas Reis Moraes dos Santos; André Braga de Araújo. The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems. Int. J. Law Soc. 2020, 3(3), 96-101. doi: 10.11648/j.ijls.20200303.13

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AMA Style

Níkolas Reis Moraes dos Santos, André Braga de Araújo. The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems. Int J Law Soc. 2020;3(3):96-101. doi: 10.11648/j.ijls.20200303.13

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@article{10.11648/j.ijls.20200303.13,
  author = {Níkolas Reis Moraes dos Santos and André Braga de Araújo},
  title = {The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {3},
  pages = {96-101},
  doi = {10.11648/j.ijls.20200303.13},
  url = {https://doi.org/10.11648/j.ijls.20200303.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200303.13},
  abstract = {This paper results from a bibliographic and field research that had as main objective to identify in the constitutional literature and in the personal experience of the authors, elements that could confirm the hypothesis that supposes that the differences between the Brazilian and the United States of America constitutional systems are relevant in light of the prosecutor's role as the holder of the criminal and civil issues. The authors´ participation in the International Legal Scholars Academy Program, from Delaware Law School, guaranteed the field research, which was supported by the bibliographic review of Brazilian and North American authors, in addition to the two Constitutions and infraconstitutional laws. The conclusion, so, confirmed the hypothesis, that is, although substantial similarities have been identified between the two systems, the differences among them are huge, to the point that it can be said that they are indeed paradigmatic. Especially, because in U.S. prosecutors have the obligation to represent them government in all legal matter, while a public lawyer represents Brazilian government in legal matters. In short, Brazilian Prosecutors represent and defend the law enforcement, not the government. Also, because of the differences of the judicial traditions: Civil Law versus Common Law. To achieve the objective, the referent technique was used and inductive method was applied. The nature of the research is basic and the approach to the problem is qualitative.},
 year = {2020}
}

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TY  - JOUR
T1  - The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems
AU  - Níkolas Reis Moraes dos Santos
AU  - André Braga de Araújo
Y1  - 2020/07/06
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VL  - 3
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Author Information

Níkolas Reis Moraes dos Santos

Postgraduate Studies Stricto Sensu Program in Legal Sscience, Universidade do Vale do Itajaí, Itajaí, Brazil
André Braga de Araújo

Postgraduate Studies Stricto Sensu Program in Legal Sscience, Universidade do Vale do Itajaí, Itajaí, Brazil

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Plain Text BibTeX RIS

APA Style

Níkolas Reis Moraes dos Santos, André Braga de Araújo. (2020). The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems. International Journal of Law and Society, 3(3), 96-101. https://doi.org/10.11648/j.ijls.20200303.13

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ACS Style

Níkolas Reis Moraes dos Santos; André Braga de Araújo. The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems. Int. J. Law Soc. 2020, 3(3), 96-101. doi: 10.11648/j.ijls.20200303.13

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AMA Style

Níkolas Reis Moraes dos Santos, André Braga de Araújo. The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems. Int J Law Soc. 2020;3(3):96-101. doi: 10.11648/j.ijls.20200303.13

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@article{10.11648/j.ijls.20200303.13,
  author = {Níkolas Reis Moraes dos Santos and André Braga de Araújo},
  title = {The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems},
  journal = {International Journal of Law and Society},
  volume = {3},
  number = {3},
  pages = {96-101},
  doi = {10.11648/j.ijls.20200303.13},
  url = {https://doi.org/10.11648/j.ijls.20200303.13},
  eprint = {https://article.sciencepublishinggroup.com/pdf/10.11648.j.ijls.20200303.13},
  abstract = {This paper results from a bibliographic and field research that had as main objective to identify in the constitutional literature and in the personal experience of the authors, elements that could confirm the hypothesis that supposes that the differences between the Brazilian and the United States of America constitutional systems are relevant in light of the prosecutor's role as the holder of the criminal and civil issues. The authors´ participation in the International Legal Scholars Academy Program, from Delaware Law School, guaranteed the field research, which was supported by the bibliographic review of Brazilian and North American authors, in addition to the two Constitutions and infraconstitutional laws. The conclusion, so, confirmed the hypothesis, that is, although substantial similarities have been identified between the two systems, the differences among them are huge, to the point that it can be said that they are indeed paradigmatic. Especially, because in U.S. prosecutors have the obligation to represent them government in all legal matter, while a public lawyer represents Brazilian government in legal matters. In short, Brazilian Prosecutors represent and defend the law enforcement, not the government. Also, because of the differences of the judicial traditions: Civil Law versus Common Law. To achieve the objective, the referent technique was used and inductive method was applied. The nature of the research is basic and the approach to the problem is qualitative.},
 year = {2020}
}

Copy | Download

TY  - JOUR
T1  - The “Prosecutor”: Differences and Similarities Between Brazilian and United States Constitutional Systems
AU  - Níkolas Reis Moraes dos Santos
AU  - André Braga de Araújo
Y1  - 2020/07/06
PY  - 2020
N1  - https://doi.org/10.11648/j.ijls.20200303.13
DO  - 10.11648/j.ijls.20200303.13
T2  - International Journal of Law and Society
JF  - International Journal of Law and Society
JO  - International Journal of Law and Society
SP  - 96
EP  - 101
PB  - Science Publishing Group
SN  - 2640-1908
UR  - https://doi.org/10.11648/j.ijls.20200303.13
AB  - This paper results from a bibliographic and field research that had as main objective to identify in the constitutional literature and in the personal experience of the authors, elements that could confirm the hypothesis that supposes that the differences between the Brazilian and the United States of America constitutional systems are relevant in light of the prosecutor's role as the holder of the criminal and civil issues. The authors´ participation in the International Legal Scholars Academy Program, from Delaware Law School, guaranteed the field research, which was supported by the bibliographic review of Brazilian and North American authors, in addition to the two Constitutions and infraconstitutional laws. The conclusion, so, confirmed the hypothesis, that is, although substantial similarities have been identified between the two systems, the differences among them are huge, to the point that it can be said that they are indeed paradigmatic. Especially, because in U.S. prosecutors have the obligation to represent them government in all legal matter, while a public lawyer represents Brazilian government in legal matters. In short, Brazilian Prosecutors represent and defend the law enforcement, not the government. Also, because of the differences of the judicial traditions: Civil Law versus Common Law. To achieve the objective, the referent technique was used and inductive method was applied. The nature of the research is basic and the approach to the problem is qualitative.
VL  - 3
IS  - 3
ER  -

Copy | Download