Attorney General of Brazil
The Attorney General Office, 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 . The Attorney General is defined under 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. The current Attorney General is José Levi do Amaral.
The Attorney General for Brazil is appointed by the President of Brazil and confirmed by the Senate. Under the constitution, the Attorney General must be at least 35 years old. 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, 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, who represent the federal government in tax and financial issues; the Attorney for Brazil, who represent the government through general cases, the Attorney for the Federal Agencies, who represent the federal agencies; and Attorney for the Central Bank. 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.
List of Attorneys General
Attorney General | Period of service | Appointed by |
José de Castro Ferreira | February 1993–May 1993 | President Itamar Franco |
Alexandre de Paula Dupeyrat Martins | May 1993–June 1993 | President Itamar Franco |
Tarcísio Carlos de Almeida Cunha | June 1993–July 1993 | President Itamar Franco |
Geraldo Magela da Cruz Quintão | July 1993–December 1994 | President Itamar Franco |
Geraldo Magela da Cruz Quintão | January 1995–January 2000 | President Fernando Henrique Cardoso |
Walter do Carmo Barletta | January 2000 | President Fernando Henrique Cardoso |
Gilmar Ferreira Mendes | January 2000–June 2002 | President Fernando Henrique Cardoso |
José Bonifácio Borges de Andrada | June 2002–December 2002 | President Fernando Henrique Cardoso |
Álvaro Augusto Ribeiro Costa | January 2003–March 2007 | President Luiz Inácio Lula da Silva |
José Antônio Dias Toffoli | March 2007–October 2009 | President Luiz Inácio Lula da Silva |
Luis Inácio Lucena Adams | October 2009–March 2016 | President Luiz Inácio Lula da Silva |
José Eduardo Cardozo | March 2016–May 2016 | President Dilma Rousseff |
Fábio Medina Osório | May 2016–September 2016 | Acting President Michel Temer |
Grace Maria Mendonça | September 2016–January 2019 | President Michel Temer |
André Luiz Mendonça | January 2019–April 2020 | President Jair Bolsonaro |
José Levi do Amaral | April 2020–Present | President Jair Bolsonaro |
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 Article 4 of Law No. 73 of February 10, 1993. The Prosecutor General is appointed by the President and confirmed by the Senate. The office of Prosecutor General of the Republic 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 is the head of the Federal Prosecution Service, 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.