Attorney_General_of_Brazil

Attorney General of the Union (Brazil)

Attorney General of the Union (Brazil)

Brazilian government position

The Attorney General Office[2][3] (Portuguese: Advocacia-Geral da União, AGU) is a cabinet-level position in the Brazilian government charged with advising the Executive Branch and representing the federal government of Brazil in legal proceedings legally known as the Union (União).[4] The Attorney General is defined under the Article 131 of the Brazilian Constitution as one of the essential functions of Brazilian judicial administration, along with the roles performed by the judicial branch, the Prosecutor's office, the public defenders and private lawyers.[2][5][6] The current Attorney General is Jorge Messias.[7]

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Under the constitution, the Attorney General must be at least 35 years old.[8] All Attorneys General within the Office must be bar members in Brazil. The Attorney General of the Union is a member of the Brazilian cabinet, holds the rank of Minister, and is also the head of the Advocacia-Geral da União (AGU), which is an essential function and branch of the federal government formed by its own Attorneys.

The Attorneys who compose the AGU are divided in four careers: the Attorney for the National Treasury (Procuradores da Fazenda Nacional), who represent the federal government in tax and financial issues; the Attorney for Brazil (Advogados da União), who represent the government through general cases, the Attorney for the Federal Agencies (Procuradores Federais), who represent the federal agencies; and Attorney for the Central Bank (Procuradores do Banco Central). Their functions are not limited to the Judiciary, and they are also responsible for inside legal control of the government and international legal representation of the Republic.[2][8]

List of attorneys general

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Prosecutor General of Brazil

The prosecutorial duties of the office of the Attorney General were split off to a new Prosecutor General, named Prosecutor General of the Republic, under the Article 4 of the Federal Law No. 73 of 10 February 1993. The Prosecutor General is appointed by the President and confirmed by the Senate. The office of Prosecutor General of the Republic (PGR) is an autonomous agency in charge of criminal prosecution and the defense of society in general, versus the office of the Attorney General, which represents the federal government in legal proceedings.

The Prosecutor General of the Republic (PGR) is the head of the Federal Prosecution Service (Ministério Público Federal), which is also an essential function but holds the responsibility for criminal prosecution. Differently from the AGU, the members of the Federal Prosecution Service are called "Federal Prosecutor", and are in charge of criminal prosecution at the first level of the Federal Justice. Despite the title, the Federal Prosecutor do not legally represent the Republic in international issues, which is a responsibility of the members of the AGU.[9]

Federal Public Defender General

See also: Public defender (Brazil)

The Federal Public Defender General oversees the federal public defenders offices.

See also

References

  1. [1]
    "Portaria do MPO adapta orçamento para 2023". Ministério do Planejamento e Orçamento (in Brazilian Portuguese). 16 February 2023. Retrieved 31 May 2023.
  2. [2]
    "Advogado-Geral da União" [Attorney General of Brazil] (in Portuguese). Brasília-DF, Brasil: Portal Brasil, Governo Federal do Brasil. 2014. Retrieved 2014-11-26.
  3. [3]
    The Federative Republic of Brazil. "Structure: Attorney General Office (AGU)". Accessed 20 September 2013.
  4. [4]
    "Presidência da República, Casa Civil, Subchefia para Assuntos Jurídicos, LEI COMPLEMENTAR Nº 73, DE 10 DE FEVEREIRO DE 1993" (in Portuguese). Brasília-DF, Brasil: Portal Brasil, Governo Federal do Brasil. 1993. Retrieved 2014-11-18.
  5. [5]
    Valente, Christiano Mendes Wolney (2013). "Histórico e Evolução da Advocacia-Geral da União" [History and Evolution of the Attorney General of Brazil] (PDF) (in Portuguese). Brasília-DF, Brasil: Portal Brasil, Governo Federal do Brasil. Retrieved 2014-11-18.
  6. [6]
    "Perguntas Frequentes" [Frequently Asked Questions] (in Portuguese). Brasília-DF, Brasil: Portal Brasil, Governo Federal do Brasil. 2014. Retrieved 2014-11-26.
  7. [7]
    "Lula swears in cabinet members, inks first decrees". Brasilia. Agência Brasil. 2 January 2023. Archived from the original on 6 January 2023. Retrieved 14 February 2023.
  8. [8]
    Alves Jr., Luís Carlos Martins (2012). "Advogado-Geral da União: notável saber jurídico e reputação ilibada" [Advocate General of the Union: remarkable legal knowledge and unblemished reputation] (in Portuguese). São Paulo, Brazil: Jus Navigandi. Retrieved 2014-11-18.
  9. [9]
    "Sobre a Instituição: O Ministério Público Federal" [About the Institution: Prosecutor General of Brazil] (in Portuguese). Brasília, Brasil: Ministério Público Federal. 2014. Archived from the original on 2014-11-12. Retrieved 2014-11-18.
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