Enforceability of legal activity for the judiciary and the public prosecutor’s office: legal assumptions for entry

Abstract

The purpose of this article is to explain the constitucional requeriments and legal requeriments for entry into the careers of judge of law and prosecutor of the Public Prosecutor’s Office, both in a broad sense, with a focus on the enforceability of legal activity. To this end, an analysis of the Theory of the Tripartition of Powers was made, proposed by the French Enlightement philosopher Montesquieu, passing through Constitutional Amendment 45/2004 and other diplomas reinterpreted and altered by the aforementioned amendment, finally addressing the requirements themselves for the investiture to be carried out in the public functions mentioned above. Next, there is a critical approach from the philosophical perspective, which aims to compare the Judiciary with the Executive and Legislative Powers as to the criterion at the level of cognitive requirement that it can become a member of these last two Powers. The thesis used to make such a comparison was the allegory of the ship, present in Book VI of the work “The Republic”, by the Greek philosopher Plato.