MINISTÉRIO PÚBLICO E A DEFESA DO REGIME DEMOCRÁTICO: LIMITES INSTITUCIONAIS, ATUAÇÃO E DESAFIOS CONTEMPORÂNEOS

This article examines the constitutional role of the Public Prosecutor’s Office in defending the democratic regime, emphasizing its functional autonomy, institutional independence, and its relevance to preserving the rule of law. The 1988 Constitution defines the Public Prosecutor’s Office as a permanent institution essential to the jurisdictional function of the State, responsible for defending the legal order, the democratic regime, and social and individual rights. Scholarly literature characterizes the institution as an advanced mechanism of societal protection, exercised without subordination to any branch of government, which reinforces its centrality in times of institutional crisis, attacks on democratic institutions, disinformation, and political violence. The study demonstrates that the democratic mission of the Public Prosecutor’s Office involves constitutional oversight, anti-corruption efforts, the protection of the electoral process, the safeguarding of vulnerable groups, and the repression of anti-democratic practices. The case law of the Brazilian Supreme Court, particularly regarding the events of January 8, 2023, reaffirmed the institution’s essential role in containing threats to the Democratic Rule of Law. At the international level, the Inter-American Court of Human Rights emphasizes that autonomous oversight institutions are indispensable pillars of democracy. The study concludes that safeguarding the democratic regime requires an independent and technically qualified Public Prosecutor’s Office, protected from political interference and capable of ensuring accountability, institutional stability, and the effective protection of fundamental rights.