A question that every law student asks, especially when he is in the process of choosing which legal career to pursue, is: what does a prosecutor do? That’s what a lot of concurseiro also wants to know.
So let’s start at the beginning: “proxy” is a generic expression that can mean many things, so it is important to specify what type of proxy we are referring to. A private lawyer, in possession of a power of attorney, for example, can also be called a proxy.
But generally, when we ask this question, we want to know about the functions of the city attorney , the state attorney and the federal prosecutor , among others.
To become one of these, it is necessary to take – and, of course, pass – specific public tenders , which are quite popular.
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So, thinking about it, we have prepared a complete article with everything you need to know about what a prosecutor does, the differences between careers, their main duties in their daily lives, what the average salary is, and even valuable information for concurseiros.
Check it out below:
What does a prosecutor do, anyway?
As mentioned above, a prosecutor can be many things, from a private lawyer to a public prosecutor, for example. But, in general, we can say that a prosecutor is the one responsible for representing public and social interests, and his performance can take place at the municipal, state or federal levels. In this scenario, he can also work in other institutions as will be better detailed.
What is very important to note is that the specific functions of a prosecutor depend on which body he represents. Thus, your day-to-day activities may include a series of activities, such as petitioning , consulting , holding hearings and dispatches , among others.
As there are several types of attorney – municipal attorney, state attorney, federal prosecutor, attorney of the National Treasury, attorney of justice etc. – we break down each one below, highlighting the main information that you, who are interested in this career, need to know. Keep reading:
Municipal Attorney
The municipal attorney , as his name suggests, takes care of the planning, coordination, control and execution of legal activities of interest to the city in which he operates. The city is represented judicially and extrajudicially by the Attorney General of the Municipality, either in a contentious or consultative manner, through the performance of the attorney.
State Attorney
The provision of legal advice and judicial representation by the state bodies where it operates is one of the activities carried out by the state attorney . The attributions vary according to the category of performance of each state attorney. However, it can be said that monitoring and acting in processes – whether as an active or passive pole – is a constant part of the routine of this professional.
Federal Attorney
The federal prosecutor’s office acts as a judicial and extrajudicial representative of municipalities and federal public foundations. In other words, the federal prosecutor is one who advocates for federal institutions, currently in more than 150 municipalities and federal public foundations.
His work also includes consultancy and legal advice within the scope of indirect public administration. The analysis of processes, the elaboration of procedural documents and the study of concrete cases are some of the activities carried out by the federal prosecutor, who defends bodies such as INSS, Ibama and federal universities.
For example, the Office of the Attorney of the National Treasury is linked to the Federal Attorney’s Office (AGU). In this context, the attorney of the National Treasury is the professional responsible for the judicial defense of the Federal Union in tax actions, and his routine involves lawsuits and tax foreclosures, being he who performs the judicial collection of unpaid tax debts, for example.
Attorney General of the Republic
Also known as PGR , the Attorney General is the head of the Public Prosecution Service and works with the Federal Supreme Court (STF) and the Superior Court of Justice (STJ).
Among its various attributions, the PGR has the legitimacy to propose a direct action of unconstitutionality (ADI) and also to propose criminal and civil actions against individuals of the political class who have a privileged forum, for example. In addition, it is the Attorney General who appoints the Deputy Attorneys General.
In this sense, the Federal Public Ministry (MPU) comprises the following branches: a) The Federal Public Ministry (MPF); b) The Public Ministry of Labor (MPT); c) The Military Public Ministry (MPM); d) The Public Ministry of the Federal District and Territories (MPDFT).
Attorney of the Republic
The public prosecutor is a member of the Federal Public Prosecutor’s Office (MPF) , and acts as legislative costs, that is, as a law enforcement officer in defense and maintenance of social welfare. On the other hand, if you act in the punitive field, your scope of functions changes, and investigating and promoting criminal actions become part of your daily life.
Labor Attorney
Complementary law No. 75/1993 explains that labor prosecutors “will be appointed to work with the Regional Labor Courts (TRT) and, in the form of procedural laws, in labor disputes that involve, especially, the interests of minors and the disabled.” The Attorney of the Public Ministry of Labor (MPT) is responsible for the regularization and mediation of labor relations, which involves responsibilities such as the execution of judicial agreements, representations, receiving complaints and initiating civil inquiries, among others.
TCU Attorney
In conjunction with the Public Ministry, the Federal Audit Court (TCU) is made up of one attorney general, three deputy attorney generals and four prosecutors. The body aims to maintain and inspect the law and its enforcement. In this sense, a TCU attorney participates in the processes of taking or rendering accounts, granting pensions or reforms and also acts in the filing of appeals.
State Attorney
The prosecutor, in addition to acting as legislative costs , also acts in the system of reviewing first instance decisions, including interposing appeals to higher courts. Unlike the member of the Federal Public Ministry, he enters his career as a prosecutor in the first instance, with his promotion to the Attorney General in the higher instance.
On a daily basis, its activities depend on the chosen area, since it is possible to choose between working in the civil or criminal areas.
What is a prosecutor’s salary?
Serving as a public lawyer within the attorney general’s office is the goal of many students entering law school. Others, after graduating, also opt for the routine of concurseiro and start to dedicate themselves body and soul to be proxies.
And, of course, the salary is one of the biggest attractions. But beware: for budgetary reasons, earnings depend on your region of operation.
The profession’s salary range varies between R $ 10,000.00 (ten thousand reais) and R $ 15,000.00 (fifteen thousand reais), mainly for the municipal and state levels. Again: depending on the location, the salary may be higher or lower.
In federal positions, the initial gains range from R $ 20,000.00 (twenty thousand reais) to R $ 30,000.00 (thirty thousand reais). And there are also the so-called “penduricalhos”, which are extra earnings and that make up the income of many attorneys.
Doubts between legal careers
Many people confuse the professional scope of a prosecutor with that of other very popular and popular legal careers, such as prosecutors, private lawyers (in general) and public defenders.
Below, we explain exactly what these differences are. Look:
What is the difference between prosecutor and prosecutor?
The promoters of justice are responsible for monitoring and maintaining the correct application of the law, for the defense of social welfare. Thus, its performance occurs at the initial stage of the process, that is, at the first jurisdictional level. The difference between the two positions is that the prosecutor starts to act in a degree of appeal, from the second jurisdiction.
What is the difference between a lawyer and an attorney?
In general, we can say that lawyers work in the private sphere and prosecutors, such as those described in this article, in the public sphere. In this context, the attorneys would be lawyers for the municipality, the state, the Union or its bodies and entities.
But it is important to emphasize an aspect raised at the beginning of this text: even private lawyers, in possession of a document called “power of attorney”, can be officially called “prosecutors”. But not the type of attorney who depends on a public tender to act in his respective jurisdictional sphere. So be careful not to confuse.
As private lawyers, they represent people, and can act as attorneys for their clients – that is, they receive formal authorization to perform the necessary acts within a specific process and respond on behalf of whom they represent.
What is the difference between a public defender and a prosecutor?
The public defender is responsible for defending the interests of people who are unable to hire a private lawyer. He is a lawyer at the service of the State, therefore, who serves the interests of ordinary citizens to enforce the broad right of defense. Everyone has the right to a lawyer, even if they are unable to afford the fees. If this is the case, it is the public defender who enters the scene.
The attorney general, as we explained throughout the article, does not specifically represent people. The confusion between these two careers occurs because prosecutors in the vast majority of positions are also public lawyers.
What does it take to become a prosecutor?
To be a prosecutor, it is necessary to have a degree in law and have passed the Brazilian Bar Association Exam (OAB) and, or, depending on the position, it is mandatory to prove legal activity, but the required experience period varies according to with the public notice of each contest, varying from two to three years.
Public tender for prosecutors
Generally composed of four stages, the competition for prosecutors attracts many legal professionals who seek professional stability and financial security.
The first phase of this competition has a preambular test and has about 100 objective questions.
In the second phase, as well as in the Order Examination, the candidate is charged with a practical-professional piece and discursive questions with themes that are part of the daily lives of attorneys who are already in the exercise of the function. In general, for the city attorney’s office, it occurs on the same day as the objective test.
The third phase consists of an oral exam, in which the candidate defends himself before a panel of lawyers and attorneys.
Finally, the fourth and last phase is usually formed by a title test and, as a rule, has a classificatory character.
