THE ROLE OF THE PUBLIC PROSECUTOR'S OFFICE IN DEFENDING FUNDAMENTAL RIGHTS: BETWEEN COLLECTIVE PROTECTION AND INSTITUTIONAL ACTIVISM

Abstract

This article aims to critically analyze the role of the Public Prosecutor's Office in the realization of fundamental rights in Brazil, with special emphasis on its role in collective protection and the limits of so-called institutional activism. It is a qualitative research study with a descriptive-analytical approach, based on bibliographic and documentary review. Classic and contemporary authors of Constitutional Law were used, in addition to the analysis of relevant constitutional provisions and infra-constitutional legislation. The research results show that, since the 1988 Federal Constitution, the Public Prosecutor's Office has assumed expanded functions, including the protection of diffuse and collective rights, taking on a counter-majoritarian role in contexts of state omission. However, it was found that the proactive action of the Public Prosecutor's Office, although essential to the promotion of social justice, can generate institutional distortions when it exceeds the limits of legality and the separation of powers. The study also identified the relevance of extrajudicial instruments, such as terms of adjustment of conduct and recommendations, highlighting their benefits and the risks of abusive use. As an alternative to excessive activism, this paper proposes strengthening interinstitutional dialogue, based on the theory of institutional dialogues and the balanced application of constitutional principles. It concludes that the Public Prosecutor's Office, when acting with solid legal foundations, respect for institutional limits, and democratic commitment, represents a legitimate vector for the realization of fundamental rights, being essential to the balance and effectiveness of the Constitutional State of Law.