Revista da Defensoria Pública da União

EFFECTIVENESS OF CUSTODY HEARINGS IN CONFRONTING POLICE VIOLENCE

Sabrina Piccoli Marques — 2025-09-23

Curbing police violence is a permanent challenge for Brazil, especially after the conviction by the Inter-American Court of Human Rights in the case Favela Nova Brasília vs. Brazil. It is necessary to seek alternatives to combat violence and ensure respect for human rights. Custody hearings is a tool to address police violence, with immediate and individualized analysis of the arrest, the presence of the detainee, and the possibility of verifying rights violations. The overall objective of this study is to analyze the institution of custody hearings, highlighting its potential to address police violence. The specific objectives are to describe the institution, presenting its concept, history, normative foundation, and purposes; to emphasize how police violence has been addressed in custody hearings, identifying measures that can be adopted to enhance the effectiveness of the institution in preventing and combating police violence. The Supreme Federal Court recognized custody hearings as a crucial policy for addressing the "unconstitutional state of affairs" in the national prison system and decided that it should be conducted in all forms of detention. In a systematic review with a qualitative approach, it was found that there is still a long way to go to ensure the full effectiveness of custody hearings in combating police violence. It is necessary to implement measures that strengthen the institution, such as proper training of justice system actors and the establishment of effective mechanisms for monitoring and accountability for abuses committed.

O princípio da igualdade sob a perspectiva de gênero: um olhar sobre a infância e a adolescência

Alessandra Fonseca de Carvalho — 2025-09-23

ABSTRACT

The present study, based on the Brazilian and Portuguese legal systems, as well as international diplomas, such as Treaties, Conventions and Protocols, adopting a qualitative methodology, its objective is to analyze the main issues relating to the right to equality as a principle from a gender perspective. To this end, we chose to research childhood and adolescence. A bibliographic and data survey was carried out on issues related to health and education, as well as how the non-observance of equality impacts the free development of the personality, in flagrant violation of the dignity of the human person. In this investigation, the relationship between school dropout and the sex of the child and adolescent was examined; issues related to migrant children and adolescents. It was found that it is essential that education without discrimination begins in childhood, within the family and in preschool so that the principle of equality is effective, without the influence of religion and ideologies. Finally, it was found that the factual reality is inequality whether between girls and boys, whether between developed, developing and underdeveloped countries, with it being undisputed that girls are the most affected by gender inequality, whether due to human trafficking, forced labor, sexual exploration and care for family members.

Keywords: Principle of Equality; Gender; Dignity of human person; Childhood; Adolescence

A polêmica Lei de Alienação Parental como reforço aos estereótipos de gênero e à discriminação contra as mulheres

Daniela Corrêa Jacques Brauner — 2025-09-23

This research aims to analyze whether Law No. 12.318/2010, which addresses parental alienation, reinforces gender stereotypes and involves discrimination against women. To this end, the opinions of international experts in the field of human rights, both within the universal and regional systems, will be revisited. The study suggests the need to review the aforementioned law, seeking to guarantee the protection of children's and mothers' rights while avoiding the reproduction of gender inequalities. It is concluded that the repeal of the legislation may promote an approach in line with international standards in contexts of separation or divorce characterized by the complexity of family relationships. Parental alienation. Children. Discrimination. Stereotypes. Women.

Gênero e cárcere à luz dos direitos humanos

Isabella Romero Lopes — 2025-09-23

Prisons are made by and for men. But due to Brazilian law requirements, some few adjustments have been made in order to also hold women, either convicted or in preventive detention. In order to explore these strands, this study uses a qualitative approach through bibliographical research technique under inductive and comparative methods, aiming to expose the contradictory Brazilian factual reality. Based on data gathering and case studies, we identify the lack of law enforcement and the State’s failure in ensuring basic rights for imprisoned women, which translates into a massive human rights’ violation in Brazil and Latin America. On the other hand, this research intends to illustrate successful actions, such as offering free sanitary towel supply and decreasing penalties through domestic labour, indicators that it is possible to execute effective gender-based public policies in the context of imprisonment.

Justiça aberta e diversa: a governança judicial dialógica na construção de políticas judiciárias LGBTI+ no Conselho Nacional de Justiça - CNJ

Sandro Gorski Silva — 2025-09-23

The paper aims to analyze dialogic judicial governance, focusing on open justice, in elaborating LGBTI+ judicial policies in Brazil. Just as the Constitutional Court saw social participation in the legal recognition of sexual and gender diversity rights, the judicial administration must have dialogic contours so that the beneficiaries of the corresponding policies act in the creation, planning, and monitoring of these actions, democratizing the CNJ, which is massively cisgender and heterosexual. Next, the judicial policies for sexual and gender diversity developed by the CNJ, which were structured from an open-to-dialogue perspective, are indicated. The methodology used is a bibliographic review of the judicialization of public policies, managerial judicial governance, and open justice with a focus on dialogic judicial governance. It is concluded that dialogue in elaborating LGBTI+ judicial policies reaffirms Democracy, the Rule of Law, and Human Rights. Legal recognition, however, is a mechanism for strengthening the rights already achieved.

Estudo cultural da criança e do adolescente em risco social: a aplicação da teoria do direito ao reconhecimento e do construtivismo estrutural

Yasmim Afonso Monzani — 2025-09-23

This qualitative cultural study about audiovisual data extracted from the brazilian film O Contador de Histórias, 2009, aims to contribute to critical and interdisciplinary legal thinking, in particular, to the deconstruction of mistaken notions in the fild of children and adolescents rights to favor the effective application of the theory of integral protection. To this end, the theory of recognition is applied to the corpus analyzed focused on adolescents at social risk and on the structural constructivist method which exposes the structural mechanisms of symbolic violence without ignoring the subjectivity of social agents.

Keywords: Law and cinema. Cultural study. Theory of recognition. Structural constructivism. Adolescents in conflict with the law.

Honorários defensoriais (in)devidos pelo réu no processo penal

Nícolas Bortolotti Bortolon — 2025-09-23

In this article, we will deal with the impossibility of condemning the defendant, in criminal proceedings, to the payment of fees in favor of the Public Defender, regardless of his economic situation. To do so, we will deal with the doctrinal definitions of the typical and atypical functions attributed to the institution and to which classification the activity of criminal defense of defendants who are not poor belongs. From there, we will analyze the incidence of norms normally invoked as grounds for the establishment and collection of fees by the Public Defender's Office against its non-hyposufficient assisted, especially art. 5, LXXIV, and art. 134 of the Federal Constitution, art. 263, sole paragraph, of the CPP and art. 4th, XXI. From this analysis, we will seek to demonstrate that the performance of this atypical function is also part of the duty to provide full and free legal assistance, with no valid interpretation that allows for an onerous performance of the Public Defender's Office to the detriment of its own assisted, whatever their economic situation.

A atuação da Defensoria Pública da União como custos vulnerabilis em relação à mulher e o princípio da dignidade humana - uma análise contemporânea

Ana Cláudia Gomes da Cruz — 2025-09-23

A fim de verificar como atua a Defensoria Pública no ordenamento jurídico brasileiro e com vistas a difundir os relevantes trabalhos prestados pela instituição aos vulneráveis, o presente estudo busca se aprofundar nos fins que amparam o princípio constitucional da dignidade humana como fonte provedora de um atendimento humanizado relevante direcionado às mulheres. O artigo irá abordar as atribuições da Defensoria Pública, com ênfase em elementos singulares que garantem às mulheres assistidas o tratamento necessário e adequado a cada caso concreto, com visão crítico-construtiva acerca dos direitos humanos da mulher. A investigação pretende apresentar o funcionamento da Defensoria Pública da União, analisando a transposição das barreiras contemporâneas ao acesso à justiça com vistas a tutelar direitos e garantias das mulheres e sua atuação como custos vulnerabilis. O princípio da dignidade humana em sua exegese é de notório significado no constructo da atuação da Defensoria, que se apresenta como protetora dos vulneráveis. A pesquisa se realizará por metodologia qualitativa e aplicará raciocínio dedutivo de observação, descrição e explicação, além de significativo suporte bibliográfico. A título de material de análise, será dada ênfase à relação entre os princípios norteadores da Defensoria Pública e como eles vêm fortalecendo o princípio da dignidade humana. Seguindo essa lógica, os ensinamentos terão como base teórica amplas referências que se assentam também em abordagens constitucionais relevantes para o fundamento do presente artigo.

Assistência jurídica em tutela coletiva prestada pela DPU e Defensorias Públicas na América Latina

Liana Lidiane Pacheco Dani — 2025-09-23

The provision of legal assistance in collective protection in the exercise of strategic litigation by Public Defenders is an action that allows expanding the reach of hyper-vulnerable populations. In this context, the article, adapted from part of the author's master's thesis, intends to analyze the provision of legal assistance in collective protection by the Federal Public Defender's Office (DPU) and similar institutions in Latin America. The work was carried out using a qualitative approach, carried out through documentary analysis of institutional documents and legislation, as well as bibliographical through literature review regarding the doctrine of providing legal assistance in collective protection. The results reveal that there is no standard model in Latin America, with the simultaneous provision of legal assistance being observed, with the maintenance of private law in a greater or lesser degree of presence. However, the collective protection of rights, especially in the extrajudicial sphere, is perceived when there are institutions such as the Brazilian Public Defender's Office, and the DPU's actions confirm the coverage of actions in collective protection and human rights, subject to monitoring by theme, identity group and territoriality (national or regional).

La Defensa Pública como garante del garantismo penal y la justicia restaurativa para poblaciones vulnerables en Paraguay

Javier Dejesús Esquivel González — 2025-09-23

This article analyzes the role of the Public Defender’s Office (Ministerio de la Defensa Pública, MDP) in Paraguay as a key institution in promoting penal guaranteeism and restorative justice for vulnerable populations. Based on normative, empirical, and comparative reviews, it assesses the MDP’s evolution in territorial coverage, professionalization, and specialization between 2013 and 2023. The study highlights an increase in coverage from 65% to 87%, the establishment of specialized units for Indigenous peoples, women, and incarcerated persons, and the implementation of restorative programs that yielded promising results. However, structural challenges persist, including regional disparities, budgetary limitations, and a punitive legal culture that hinders full implementation of these approaches. The institutional workload, lack of specialized defenders, and systemic resistance constrain the transformative potential of the MDP. The article also identifies regional best practices from Brazil, Argentina, and Colombia, which serve as references to strengthen public defense policy in Paraguay. It proposes a reform agenda grounded in empirical evidence, emphasizing the need for expanded technical specialization, ongoing service quality assessment, and enhanced inter-institutional coordination with social protection and justice systems. The conclusion asserts that the MDP must be viewed not only as a legal service provider but also as a democratizing agent capable of confronting the structural inequalities embedded in Paraguay’s criminal justice system, thereby fostering a more inclusive and equitable model of justice.