THE PUBLIC PROSECUTOR’S OFFICE AND THE "NECESSARY MEASURES" TO ENSURE THE RIGHTS ESTABLISHED IN THE CONSTITUTION

Abstract

This essay seeks to bring together reflections on the constitutional authority assigned to the Public Prosecutor’s Office to promote the necessary measures to ensure effective respect by Public Authorities and public services for the rights guaranteed in the Constitution, as established in Article 129, II, of the Federal Constitution. Traditionally, the Public Prosecutor’s Office was limited to acting in accordance with procedural norms and jurisprudential constructions, without fully exploring its own or innovative means. However, the need to adapt to a modern legal landscape that favors consensual conflict resolution requires a review of the strategies and tools used by the institution. This study aims to investigate the open-ended "necessary measures" clause of Article 129, II, to understand its application, scope, meaning, and impact on the effectiveness of the Public Prosecutor’s actions. The research will be conducted through bibliographic and documentary analysis, employing a logical-deductive methodology to explore the implications of this clause for the institution’s problem-solving performance. It is concluded that the “necessary measures” provided in Article 129, II, of the Federal Constitution constitute a general authorization from the original constituent to confer effectiveness to the constitutional purpose of the Public Prosecutor’s Office to ensure the effective respect of Public Authorities and public services for the rights guaranteed in the Constitution.