THE PUBLIC PROSECUTOR AS CURATOR OF DIFFERENT RIGHTS:

AN ANALYSIS IN THE LIGHT OF THE CONSTITUTIONAL TEXT

Abstract

The scope of the present is to promote an analysis, in the light of the Constitutional Text, of the role played by the Public Prosecution Service as curator of diffuse rights. So-called diffuse rights are essential as the ultimate manifestation of fundamental rights, as they do in fact give substance to the ideal of solidarity between individuals, both in the same company and between present and future generations (intergenerational solidarity). Diffuse rights impose a taint, an overcoming of human individuality, passing, an occurrence, a concern for a survival of the human species as a unit. Sensitive to such ideals, the Federal Constitution, in several provisions, established diffuse rights and conferred the institution of the Public Prosecutor’s Office or the role of curator and protector of such rights. The method used for the present was the inductive one, aided by bibliographic review and analysis of legal diplomas relevant to the subject.