The Public Defender's Office and access to justice as a guarantor of respect for fundamental rights
Keywords:
access to justice, Public Defense, constitutional right, fundamental rightsSynopsis
This work sought and presented how the Public Defender's Office is important to guarantee the fundamental rights of all citizens, especially the poorest, and how access to justice as a right guaranteed in the Constitution can, in large part, be a democratic weapon against the recurrent violations of fundamental rights observed in society. It was analyzed and discussed the evolution of fundamental rights through the broad doctrine and then, a parallel was made between such guarantees and access to justice, passing then to the evolution of this institute in Brazil, until its constitutionalization and institutional organization in the national Magna Carta. The current panorama of the Public Defender's Office in the country was also presented through the most recent studies published and the progress of the goals arising from the Constitutional Amendment 80 of 2014, which advocated the need for there to be offices of the Public Defender's Office in all jurisdictional units in the country, and also, prioritize this expansion in areas of greatest need and need. The dialectical research methodology was mainly used when it was based on the comparison between the studies presented to demonstrate that such objectives are far from being achieved, presenting their data, and from the conflict between them, reaching the conclusions reached. And finally, with these data in hand, this monograph sought to identify the main institutional and functional problems of the agency so that, through official data from public entities, it was possible to seek explanations and possible solutions. Another analysis was carried out on the social impacts that eventually occur due to the negligence with which the Public Defender's Office faces, and therefore, its solution would be immeasurably beneficial to national society. It is concluded that such problems must be faced and resolved through a collective mobilization between the State and the citizens so that the defense of the Democratic State and human dignity through the democratized access to justice, exercised by the Public Defender's Office.
References
RODRIGUES, Jhonathan Vinicius Domingos. A Defensoria Pública e o acesso a justiça como garantidora do respeito aos direitos fundamentais. 2021. 43f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.