POSSIBLE RESERVATION, COMPLIANCE, ADMINISTRATIVE DISCRETION, AND THE EXTRAJUDICIAL ROLE OF THE PUBLIC PROSECUTOR'S OFFICE IN THE ENFORCEMENT OF FUNDAMENTAL RIGHTS

Abstract

Public policies are essential instruments for the realization of fundamental rights within a Democratic Rule of Law State. While the Judiciary has historically played a central role in enforcing these rights, the Public Prosecutor's Office has increasingly resorted to extrajudicial mechanisms—such as recommendations, official notifications, and Conduct Adjustment Terms (TACs)—to promote policy effectiveness. This article addresses legal and administrative barriers to implementing public policies, particularly the principles of administrative discretion and the reserve of the possible. Based on bibliographic and legal-documentary analysis, the study argues that the extrajudicial actions of the Public Prosecutor's Office reflect a form of public compliance, promoting integrity, legality, and the enforcement of fundamental rights, especially where the State fails to fulfill its obligations. Thus, the MP's preventive and strategic role reinforces a governance model committed to justice, transparency, and social equity.