Public Defender’s Office: history, affirmation and new perspectives
DOI:
https://doi.org/10.46901/revistadadpu.i12.p185-209Keywords:
Access to Justice, Free Legal Aid in Brazil, Public Defender’s OfficeAbstract
This paper has the purpose to present the state of the art of integral and free legal aid in Brazil, based on the analysis of the Public Defender’s Office role in the realization of the fundamental rights of the needy. To this end, first, the concept of access to justice will be delimited, as well as the main obstacles to its implementation and some practical solutions inserted in the “renewal waves” initially proposed by Mauro Cappelletti and Bryant Garth. Subsequently, will be discussed the historical evolution of the legal instruments guaranteeing free access to justice in Brazil, culminating with the constitutionalization of the legal aid service subsidized by the State, which provides the Public Defender’s Office as the institution responsible for its implementation. Next, the manner in which the Public Defender’s Office has consolidated itself as an autonomous institution with avant-garde institutional functions will be discussed, ending with a reflection on how its normative and practical revolution has opened new perspectives for the institution.
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