The role of the public prosecutor in civil and commercial jurisdiction

Abstract

This article addressed the delimitation of prosecutorial functions in non-criminal proceedings within the framework of the Paraguayan legal system. Its objective was to analyze the role of the public prosecutor of the Public Prosecutor's Office in civil and commercial jurisdiction. Provisions of the 1992 Constitution of the Republic of Paraguay, the Judicial Organization Code, the Civil Code of the Republic, the Civil Procedure Code of the Republic, administrative resolutions issued by the Attorney General's Office, and judicial decisions were examined. Likewise, doctrine derived from national and international bibliographical sources was examined in order to determine the actions in which this body is legitimated to intervene in judicial proceedings. The delimitation of the study focused on civil and commercial proceedings provided for in current Paraguayan legislation. Methodologically, it responded to a qualitative approach, non-experimental design, descriptive scope, and dogmatic-documentary type. The result evidenced that the role played by the public prosecutor in civil and commercial proceedings is determined by legal instruments that regulate his or her action as representative of society and as the authority responsible for maintaining public order. Likewise, it was demonstrated that the prosecutor's intervention may take the form of being a party to the proceedings or issuing non-binding opinions, depending on the case. In light of this, it was concluded that the functions of the Public Prosecutor's Office are not limited exclusively to criminal matters; rather, It upholds the rule of law, ensuring legal certainty and public interest in civil and commercial matters.