The Public Prosecutor's Office ( Portuguese : Ministério Público , lit. "Public Ministry", often abbreviated "MP") is the Brazilian body of independent public prosecutors at both the federal ( Ministério Público da União ) and state level ( Ministério Público Estadual ). It operates independently from the three branches of government. It was once referred to by constitutional lawyer and former president Michel Temer as a " Fourth Branch ". The Constitution of 1988 divides the functions of the Public Prosecutor's Office into three different bodies: the Public Procurator's Office , the Public Defender's Office and the Public Prosecutor's Office itself, each one of them an independent body. In addition to that, the new Constitution created the Federal Court of Accounts ( Tribunal de Contas da União ), which is also autonomous in its functions.
48-475: There are three levels of public prosecutors, according to the jurisdiction of the courts before which they perform their duties. There are the federal prosecutors ( procuradores da República ) who bring cases before judges in lower courts; the appellate federal prosecutors ( Procuradores Regionais da República ); and the superior federal prosecutors ( Subprocuradores Gerais da República ). The Prosecutor General (Procurador Geral da República) heads
96-521: A court of appeal or court of appeals . Both terms are used in the United States, but the plural form is more common in American English , while in contrast, British English uses only the singular form. The correct form is whichever is the statutorily prescribed or customary form for a particular court and particular jurisdiction; in other words, one should never write "court of appeal" when
144-485: A courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
192-510: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . The word court comes from the French cour , an enclosed yard, which derives from the Latin form cōrtem , the accusative case of cohors , which again means an enclosed yard or
240-423: A legal remedy . It is also usual in the superior courts to have barristers, and attorneys or counsel, as assistants, though, often, courts consist of additional barristers, bailiffs , reporters , and perhaps a jury . Jurisdiction is defined as the official authority to make legal decisions and judgements over a person or material item within a territory. "Whether a given court has jurisdiction to preside over
288-483: A body of law by combining local customs they were made aware of through traveling and visiting local jurisdictions. This common standard of law became known as "Common Law". This legal tradition is practiced in the English and American legal systems . In most civil law jurisdictions, courts function under an inquisitorial system . In the common law system, most courts follow the adversarial system . Procedural law governs
336-400: A court to take action is based on personal jurisdiction over the parties to the litigation and subject-matter jurisdiction over the claims asserted. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur is known as a courtroom , and the building as
384-430: A given case" is a key question in any legal action. Three basic components of jurisdiction are personal jurisdiction over an individual or thing ( rēs ), jurisdiction over the particular subject matter ( subject-matter jurisdiction ) and territorial jurisdiction . Jurisdiction over a person refers to the full authority over a person regardless of where they live, jurisdiction over a particular subject matter refers to
432-582: Is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . The practical authority given to the court is known as its jurisdiction , the court's power to decide certain kinds of questions or petitions put to it. There are various kinds of courts, including trial courts that hold trials and appellate courts that hear appeals . Two major legal traditions of
480-582: Is controversial and, although judges, prosecutors and the general population favor it generally, it is being contested before the Supreme Federal Court. In addition to prosecuting crimes, Brazilian prosecutors are also authorized, among others, by the Brazilian constitution to bring action against private individuals, commercial enterprises and the Union, state, Federal District, and the municipal governments, in
528-455: Is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review , an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court's findings. It is the duty of trial judges or juries to find facts, view
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#1732886703867576-530: Is known as a courtroom , and the building as a courthouse ; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the court is known as its jurisdiction (from Latin iūrisdictiō , from iūris , "of the law ", + dīcō , "to declare", + -tiō , noun-forming suffix ), the court's power to decide certain kinds of questions or petitions put to it. According to William Blackstone 's Commentaries on
624-448: Is part of the Brazilian criminal justice system , whose task is to uphold justice. The main job of prosecutors is their duty to bring criminal charges and try criminal cases, but also to request acquittal of charges if during a trial they become convinced of a defendant's innocence. Prosecutors have the last word on whether criminal charges are filed, except in those rare cases in which Brazilian law permits civil prosecution. In those cases,
672-770: The New York Court of Appeals is the highest appellate court in New York. The New York Supreme Court is a trial court of general jurisdiction. The Supreme Court of Maryland was known as the Court of Appeals, and the Appellate Court of Maryland was known as the Court of Special Appeals, until a 2022 constitutional amendment changed their names. Depending on the system, certain courts may serve as both trial courts and appellate courts, hearing appeals of decisions made by courts with more limited jurisdiction. Court of law A court
720-693: The Public Prosecutor's Office was put in charge of the defense of society in criminal and civil issues; the Public Procurator's Office was put in charge of the intern control of the Public Administration, policing the acts of the Government, such as the legal representation of the nation in intern and international issues; and the Public Defender's Office was put in charge of the defense of
768-748: The Supreme Court . The Court of Appeals of the Philippines is the principal intermediate appellate court of that country. The Court of Appeals is primarily found in Manila , with three divisions each in Cebu City and Cagayan de Oro . Other appellate courts include the Sandiganbayan for cases involving graft and corruption, and the Court of Tax Appeals for cases involving tax. Appeals from all three appellate courts are to
816-624: The Supreme Court . The Court of Appeal of Sri Lanka, located in Colombo , is the second senior court in the Sri Lankan legal system . In the United States, both state and federal appellate courts are usually restricted to examining whether the lower court made the correct legal determinations, rather than hearing direct evidence and determining what the facts of the case were. Furthermore, U.S. appellate courts are usually restricted to hearing appeals based on matters that were originally brought up before
864-674: The finders of fact (these are known as jury trials ) or trials in which judges act as both finders of fact and finders of law (in some jurisdictions these are known as bench trials ). Juries are less common in court systems outside the Anglo-American common law tradition. Appellate courts are courts that hear appeals of lower courts and trial courts. Some courts, such as the Crown Court in England and Wales, may have both trial and appellate jurisdictions. The two major legal traditions of
912-775: The Connecticut Supreme Court of Errors (which has been renamed the Connecticut Supreme Court ), the Kentucky Court of Errors (renamed the Kentucky Supreme Court ), and the Mississippi High Court of Errors and Appeals (since renamed the Supreme Court of Mississippi ). In some jurisdictions, a court able to hear appeals is known as an appellate division . The phrase "court of appeals" most often refers to intermediate appellate courts. However,
960-491: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
1008-444: The Laws of England , a court (for civil wrongs ) is constituted by a minimum of three parties: the āctor or plaintiff , who complains of an injury done; the reus or defendant , who is called upon to make satisfaction for it; and the jūdex or judicial power, who is to examine the truth of the fact, determine the law arising upon that fact, and, if any injury appears to have been done, ascertain and by its officers apply
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#17328867038671056-446: The United States, Alabama, Tennessee, and Oklahoma also have separate courts of criminal appeals. Texas and Oklahoma have the final determination of criminal cases vested in their respective courts of criminal appeals, while Alabama and Tennessee allow decisions of its court of criminal appeals to be finally appealed to the state supreme court. The High Court has appellate jurisdiction over all other courts. Leave must be granted by
1104-421: The appellate court must find an error on the part of the court below that justifies upsetting the verdict. Therefore, only a small proportion of trial court decisions result in appeals. Some courts, particularly supreme courts, have the power of discretionary review , meaning that they can decide whether they will hear an appeal brought in a particular case. Many U.S. jurisdictions title their appellate court
1152-596: The attorneyship was divided between public and private ministry, the first one considered a kind of magistracy. The Union (the federation) was represented by the Federal Public Ministry, and the States were represented by each State Public Ministry. Under the will to develop the protection to civil rights and improve the democratic control of the Government, however, the Constitution created a new system, advancing from
1200-679: The authority over the said subject of legal cases involved in a case, and lastly territorial jurisdiction is the authority over a person within an x amount of space. Other concepts of jurisdiction include general , exclusive , appellate , and (in the United States federal courts ) diversity jurisdiction . Courts may be organized into a hierarchy of courts and have specific jurisdiction and include specialized courts . Trial courts are courts that hold trials . Sometimes termed "courts of first instance", trial courts have varying original jurisdiction . Trial courts may conduct trials with juries as
1248-447: The central means for dispute resolution , and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary . The place where a court sits is known as a venue . The room where court proceedings occur
1296-464: The court at issue clearly prefers to be called a "court of appeals", and vice versa. Historically, certain jurisdictions have titled their appellate court a court of errors (or court of errors and appeals ), on the premise that it was intended to correct errors made by lower courts. Examples of such courts include the New Jersey Court of Errors and Appeals (which existed from 1844 to 1947),
1344-648: The court, before the appeal matter is heard. The High Court is paramount to all federal courts. Further, it has an constitutionally entrenched general power of appeal from the Supreme Courts of the States and Territories . Appeals to the High Court are by special leave only, which is generally only granted in cases of public importance, matters involving the interpretation of the Commonwealth Constitution, or where
1392-412: The decisions of lower courts varies widely from one jurisdiction to another. In some areas, the appellate court has limited powers of review. Generally, an appellate court's judgment provides the final directive of the appeals courts as to the matter appealed, setting out with specificity the court's determination that the action appealed from should be affirmed, reversed, remanded or modified. Depending on
1440-658: The defense of minorities, the environment, consumers and the civil society in general. Until the Constitution of 1988 , Brazil adopted a worldwide-common system: the legal representation of the Union (the federation), the states, the Federal District, and the municipalities, was attributed to the Public Prosecutor's Office, which had a main role as a public ministry of attorneyship and also would act in defense of weaker classes, such as poorer, elder and native people. Hence,
1488-623: The end of the eleventh century and became a foundation for university legal education starting in Bologna, Italy and subsequently being taught throughout continental European universities. Civil law is firmly ensconced in the French and German legal systems . Common law courts were established by English royal judges of the King's Council after the Norman Invasion of Britain in 1066. The royal judges created
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1536-402: The evidence firsthand, and observe witness testimony . When reviewing lower decisions on an issue of fact, courts of appeal generally look for clear error. The appellate court reviews issues of law de novo (anew, no deference) and may reverse or modify the lower court's decision if the appellate court believes the lower court misapplied the facts or the law. An appellate court may also review
1584-775: The federal body and brings cases before the Supreme Federal Court , which handles final judicial reviews and criminal offenses committed by federal legislators, members of the cabinet , and the President of Brazil . At the state level, the body usually has three divisions: deputy state prosecutors ( Promotores de Justiça Substitutos ); state prosecutors before the lower courts ( Promotores de Justiça Titulares ); and appellate state prosecutors ( Procuradores de Justiça ). There are also military prosecutors ( promotores militares ) whose duties are related to State Military Police Corps and Military Firefighter Corps. The Office
1632-414: The few states with an Appeal Military State Court, as they have Military State Prosecutors in an independent branch. Appellate court An appellate court , commonly called a court of appeal(s) , appeal court , court of second instance or second instance court , is any court of law that is empowered to hear a case upon appeal from a trial court or other lower tribunal . In much of
1680-570: The law has been inconsistently applied across the States and Territories.[19] Therefore, in the vast majority of cases, the appellate divisions of the Supreme Courts of each State and Territory and the Federal Court are the final courts of appeal. The Court of Appeal of New Zealand, located in Wellington , is New Zealand's principal intermediate appellate court. In practice, most appeals are resolved at this intermediate appellate level, rather than in
1728-416: The lower judge's discretionary decisions, such as whether the judge properly granted a new trial or disallowed evidence. The lower court's decision is only changed in cases of an " abuse of discretion ". This standard tends to be even more deferential than the "clear error" standard. Before hearing any case, the court must have jurisdiction to consider the appeal. The authority of appellate courts to review
1776-509: The occupants of such a yard. The English word court is thus a descendant of the Latin word hortus from Ancient Greek χόρτος ( khórtos ) (meaning "garden", hence horticulture and orchard), both referring to an enclosed space. The meaning of a judicial assembly is first attested in the 12th century, and derives from the earlier usage to designate a sovereign and his entourage, which met to adjudicate disputes in such an enclosed yard. The verb "to court", meaning to win favor, derives from
1824-517: The old theory of tripartition, bringing the Essential Offices to the Justice (articles 127 to 135). These Offices included the Public Prosecutor's Office , the Public Procurator's Office , the Public Defender's Office and the attorneyship itself, which remained private. Although, the new Constitution established a new division of responsibilities, which can be synthesized as the following: Thus,
1872-507: The prosecutor acts as custos legis and ensures that justice is indeed delivered. It is also mandatory that a Prosecutor to be part of litigation related to underage minors. Although the law allows prosecutors to conduct criminal investigations, they only do so in major cases, usually where there has been wrongdoing involving the police or public officials. They are also in charge of supervising police work and police investigations. The power prosecutors have to conduct criminal investigations
1920-725: The rules by which courts operate: civil procedure for private disputes (for example); and criminal procedure for violation of the criminal law. In recent years, international courts are being created to resolve matters not covered by the jurisdiction of national courts. For example, the International Criminal Court , based in The Hague , in the Netherlands, or the Court of Permanent Lok Adalat (Public Utility Services), based in India. Television show courts, which are often not part of
1968-410: The same source since people traveled to the sovereign's court to win his favor. The term the court is used to refer to the presiding officer or officials, usually one or more judges . The judge or panel of judges may also be collectively referred to as "the bench " (in contrast to attorneys and barristers , collectively referred to as "the bar "). In the United States, the legal authority of
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2016-433: The trial court. Hence, such an appellate court will not consider an appellant's argument if it is based on a theory that is raised for the first time in the appeal. In most U.S. states, and in U.S. federal courts, parties before the court are allowed one appeal as of right. This means that a party who is unsatisfied with the outcome of a trial may bring an appeal to contest that outcome. However, appeals may be costly, and
2064-444: The type of case and the decision below, appellate review primarily consists of: an entirely new hearing (a non trial de novo ); a hearing where the appellate court gives deference to factual findings of the lower court; or review of particular legal rulings made by the lower court (an appeal on the record). While many appellate courts have jurisdiction over all cases decided by lower courts, some systems have appellate courts divided by
2112-519: The type of jurisdiction they exercise. Some jurisdictions have specialized appellate courts, such as the Texas Court of Criminal Appeals , which only hears appeals raised in criminal cases, and the U.S. Court of Appeals for the Federal Circuit , which has general jurisdiction but derives most of its caseload from patent cases, on one hand, and appeals from the Court of Federal Claims on the other. In
2160-581: The weaker classes. Each Office is independent in its duty to guarantee democracy. Brazilian Judiciary System is divided not only regionally, but also by the subject of discuss. As such, the Brazilian Public Ministry is divided in 5 branches, designed to match the Judiciary Division. The branches are: The several State Public Ministries are not divided in branches, but their prosecutor can be specialized in specific subjects. The exception are
2208-427: The western world are the civil law courts and the common law courts. A court is any person or institution , often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil , criminal , and administrative matters in accordance with the rule of law . In both common law and civil law legal systems , courts are
2256-413: The western world are the civil law courts and the common law courts. These two great legal traditions are similar, in that they are products of western culture, although there are significant differences between the two traditions. Civil law courts are profoundly based upon Roman law , specifically a civil body of law entitled Corpus Juris Civilis . This theory of civil law was rediscovered around
2304-415: The world, court systems are divided into at least three levels: the trial court, which initially hears cases and considers factual evidence and testimony relevant to the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis . A particular court system's supreme court
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