THE PUBLIC ATTORNEY IN 1988 FEDERAL CONSTITUTION

Abstract

This paper analyzes the characteristics conferred by the 1988 Federal Constitution to the Public Attorney. It examines the treatment given to Public Attorney by the Constitutions of Brazil and its relationship with the executive, legislature and judiciary in the face of separation of powers. It also studies the function and status of Public Attorney in Comparative Law, mainly, Portugal, Germany, USA, Italy and France. We analize the autonomy enjoyed by the Public Attorney the national laws, in view of the prerogatives of its members and the institution itself. The role of Public Attorney in the defense of society and democratic values is studied in the perspectives of the 1988 Constitution and other related instruments and the limits of its performance.