by PublicABCP
Translated and reviewed by Matheus Lucas Hebling
The article “Federal Prosecutor’s Office: From Defender of Rights to Anti-Corruption Enforcer (1988-2018),” written by political scientists Fábio Kerche and Rafael Rodrigues Viegas, was published in 2024 in Revista Direito GV. The authors investigate the shift in focus within the Federal Prosecutor’s Office (MPF) over the years.
Following the enactment of the 1988 Constitution, the MPF primarily focused on protecting collective rights and public assets, without a specific emphasis on corruption-related practices. However, from 2003 onward, the MPF became increasingly recognized for its active role in investigating major corruption scandals, such as Mensalão and Lava Jato.
The authors analyzed official documents from the National Constituent Assembly and findings from two surveys conducted among MPF members in 1996 and 2016. Additionally, judicial and extrajudicial activity records from 2012 to 2018 were examined to identify how institutional changes influenced the daily operations of the MPF.
According to the study, both external and internal factors contributed to the transformation of the MPF. Growing public pressure and extensive media coverage of corruption scandals heightened expectations regarding the MPF’s role in tackling corruption. During the impeachment of Dilma Rousseff in 2016 and the height of Lava Jato, corruption-related investigations saw a significant increase. The study highlights that the total number of corruption-related proceedings exceeded the combined total of cases in the health and education sectors.
A major shift occurred in 2003 when President Lula changed the process for appointing the Prosecutor General of the Republic, opting to nominate the most-voted candidate among federal prosecutors. This change strengthened the MPF’s autonomy from political influence.
Additionally, the 2013 Organized Crime Law expanded prosecutors’ powers, allowing them to negotiate plea bargain agreements independently of the judiciary. This legal reform encouraged the MPF to prioritize criminal prosecutions over civil actions, a strategy that proved more effective in judicial proceedings and had a strong symbolic impact, particularly in facilitating the imprisonment of politicians.
Kerche and Viegas conclude that legal and administrative reforms enhanced the MPF’s ability to act independently from other branches of government. However, they also warn that such autonomy, under certain conditions, could be wielded against the political system itself.
About the Authors
Rafael Rodrigues Viegas is a postdoctoral researcher with a Ph.D. in Public Administration and Government from the Getulio Vargas Foundation (FGV). He holds a master’s degree in Political Science from the Federal University of Paraná (UFPR) and is a visiting researcher at the National School of Public Administration (ENAP). He is affiliated with the Center for Studies in Public Administration and Government (CEAPG – FGV) and the Center for Studies on Contemporary Culture (CEDEC).
Fábio Kerche holds a bachelor’s degree in Social Sciences (1994), a master’s degree (1998), and a Ph.D. in Political Science (2003) from the University of São Paulo (USP). He is currently a professor at the undergraduate and graduate levels at the Federal University of the State of Rio de Janeiro (UNIRIO). Previously, he was a senior researcher and professor at the Casa de Rui Barbosa Foundation and a collaborator in the Political Science Graduate Program at IESP-UERJ.
Publication Details
Title: Federal Prosecutor’s Office: From Defender of Rights to Anti-Corruption Enforcer (1988-2018)
Authors: Fábio Kerche and Rafael Rodrigues Viegas
Publication Year: 2024
Where to Read: SciELO Brasil – Revista Direito GV, Volume 20
