The Public Prosecution Service as an Entrenched Constitutional Clause: An Analysis in Light of Constitutional Amendment Proposal No. 75/2011

Abstract

In light of neoconstitutionalism, the Public Prosecution Service has been enshrined by the Brazilian Constitution as a permanent institution essential to the defense of citizenship and democracy, as well as to the realization of a just social order; moreover, it performs an indispensable role in the protection of fundamental rights, given that the legal system is grounded in the supreme value of human dignity, which confers upon the institution the status of an entrenched constitutional clause that cannot be abolished or restricted by the amending power; Constitutional Amendment Proposal No. 75/2011, which seeks to eliminate life tenure for members of the Public Prosecution Service and allow their dismissal by administrative decision of the National Council of the Public Prosecution Service, raises significant constitutional concerns; as a permanent institution responsible for safeguarding the legal order and the democratic regime, any attempt at constitutional reform that weakens or removes the Public Prosecution Service would ultimately undermine democracy, the legal order, and fundamental rights; removing institutional guarantees from its members would, in effect, weaken the protection afforded to society, since these guarantees are essential for the fulfillment of its constitutional functions; consequently, the proposal conflicts with the substantive limits on constitutional amendments established by the 1988 Constitution and should therefore be considered unconstitutional.