The performance of the Public Defender in criminal procedure in favor of the non-hypossuficient defendant and the fair return by the public service provided

Authors

  • Guillermo Rojas de Cerqueira César Mestrando em Teoria do Direito e do Estado no Centro Universitário de Marília (UNIVEM) - Defensor Público Federal

DOI:

https://doi.org/10.46901/revistadadpu.i12.p211-224

Keywords:

Public Defender, Criminal Defense, Hypossuficient., Retribution., Honoraria.

Abstract

The performance of the Public Defender’s Office in favor of the the non-hypossuficient defendant in criminal proceedings raises several doubts regarding the possibility of charging for the public service rendered. The thesis developed here reveals that the prediction contained in the current criminal procedure code does not adequately contemplate the new constitutional guise in which the Public Defense is set up. It does not make sense to develop atypical activities of the institution without the possibility of specific prediction of their just retribution. The reforming constituent made possible the emancipation of the institution, and its managers had the initiative of legislative adaptation to the new reality lived.

Published

08-11-2019

How to Cite

de Cerqueira César, G. R. (2019). The performance of the Public Defender in criminal procedure in favor of the non-hypossuficient defendant and the fair return by the public service provided. Revista Da Defensoria Pública Da União, (12), 211-224. https://doi.org/10.46901/revistadadpu.i12.p211-224

Issue

Section

PUBLIC DEFENDER’S OFFICE AND ACCESS TO JUSTICE