A atuação do Ministério Público e o dever extrajudicial de considerar as consequências práticas da decisão no controle da administração pública

Legal pragmatism is postulated in art. 20 of the Law of Introduction to the Norms of Brazilian Law (LINDB), assigning to the judge the duty to consider the practical consequences of his/her decision as part of the decision-making itself. This paper aims to analyze the extrajudicial duty to consider the practical consequences of the decision in the Non-Prosecution Agreements (Criminal and Civil), signed by the Public Prosecutor's Office, and in the external control of the acts of the public administration. This is a descriptive and exploratory study that uses the technique of bibliographic research, with the theoretical dialogue between the authors and the analysis of the legal norms related to the subject. The argumentation is based, especially, on the studies of Didier and Oliveira (2019), Vitorelli (2020), Garcia (2022) and Geraldo and Rocha (2024). It is concluded that the Public Prosecutor's Office has the duty to consider the practical consequences of the extrajudicial decision, in non-prosecution agreements, producing motivated decisions, furthermore, the Parquet can and should act preventively in the control of the acts of the public administration, recommending to public managers that they base their decisions considering the practical consequences, in view of the possible alternatives.