The tiebreaker criteria for the list of seniority in the Public Prosecutor's career interpreted in light of the principle of priority for the elderly

Abstract

This article examines the tiebreaker rule based on seniority in the Public Prosecutor's career interpreted in light of the vertical effectiveness of the principle of full protection of the elderly. The research initially addresses the concept and legal basis of the principle of priority for elderly people, followed by the analysis of the rule that establishes the tiebreaker criteria based on seniority of the Public Prosecutor's Office at the national level provided for in the National Organic Law of the Public Prosecutor's Office - LONMP, with an approach focused on the laws of the State Public Prosecutor's Office. Next, a logical-systematic interpretation is made of the competing competence of the States, evaluating relevant cases and their legal implications. The study also explores the conflict of rules and principles, with practical examples and solutions proposed by doctrine and jurisprudence. The constitutionality of the rule established by the MPE's Organic Law is analyzed in light of the principle of priority for the elderly and the LONMP. Finally, the research concludes that it is essential that state laws on Public Prosecutor's Office careers within the States are in harmony with the LONMP, with the constitutional principle of priority for the elderly and with the Statute of the Elderly.