THE PUBLIC MINISTRY AS INTERVENER IN CIVIL LAWSUITS

• Autor(a) principal: Martins Junior, Wallace Paiva
• Data de Publicação: 2012
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Jurídica da Escola Superior do Ministério Público de São Paulo
• Texto Completo: https://es.mpsp.mp.br/revista_esmp/index.php/RJESMPSP/article/view/45
• topic: Public Ministry; Intervention in civil lawsuits; Mandatoriness; Impossibility of abstention; dismissal; or waiver; Ministério Público; Intervenção no processo civil; Obrigatoriedade; Impossibilidade de abstenção; dispensa ou renúncia.

While necessary to critically thinking about the role of the Public Ministry as an entity that acts as intervener in civil lawsuits, a rationalization policy cannot swing between abstention, dismissal, or waiver of the roles established in law. Infralegal normative acts do not have the authority to dismiss the (mandatory) intervention of the Public Ministry in civil lawsuits when the law provides for such (unless it is a matter addressing the clarification of an implicitly repealed provision or of a rule not received by the new constitution). The Public Ministry’s intervention in civil lawsuits is strategic to the institution, notably, in constitutional lawsuits, writs of mandamus, and adverse possession suits, due to the Public Ministry’s role as a protector of the rule of law, which encompasses the oversight of Government and social conflicts involving values which are dear to Democratic State. The intervening role, moreover, defines the very nature of the Public Ministry and shapes its constitutional profile as an independent entity established by the constitution, in addition to defining and shaping the unique legal regime of its members, who are parametric to the courts. The Public Ministry’s abstention of its duty to act, in these cases, means the denial of the right to due process and may result in civil liability.