Constitutional dynamics, ação civil pública and prospects for joint litigation between Public Prosecutors in the higher courts

Abstract

The article analyzes the formation of a joint litigation between the State Public Prosecutors and the Federal Public Prosecutors in ações civis públicas in the higher courts, based on the recognition of the autonomous performance of the State Public Prosecutors before the Superior Tribunal de Justiça and the Supreme Federal Court. Searching develop the idea of a constitutional dynamic for the protection of fundamental rights, in which fuzzy rights are accomplished in ação civil pública, through measures of stimulus, control and constitutional reinforcement sheltered in Law 7.347/85. It was found that the joint litigation between Public Prosecutors is part of a constitutional process for the protection of rights. Finally, it concludes by the possibility of joint action between Public Prosecutors, in ações civis públicas in the instances of the Superior Tribunal de Justiça and the Supreme Federal Court, establishing a critical repair to the understanding consolidated in those Courts, of permanently immobilizing the role of the Federal Public Prosecutors as a legal system controller