Strategic Public Interest Litigation and the Public Prosecution Service: Reflections on the Instrumental Nature of Functional Independence

Abstract

This study presents reflections on the effectiveness of the Brazilian Public Prosecution Service, in light of a proper understanding of the principle of functional independence, for the fulfillment of its duties established by the 1988 Federal Constitution; within this framework, it introduces the concept of strategic public interest litigation, understood as a distinct form of litigation involving the selection of paradigm cases brought before the judiciary with the aim of promoting social change through the transformation of case law and the creation of precedents, ultimately influencing legislative and public policy developments; the Brazilian Public Prosecution Service is portrayed as a qualified and legitimate institution for such litigation, given its role as an agent of social transformation as defined by the Constitution; accordingly, the study offers reflections, grounded in contemporary constitutional theory, on the level of effectiveness required of prosecutorial action, including the use of strategic litigation concepts and techniques, based on a more refined understanding of the principle of functional independence.