Considerations on the intervention of the public defender as amicus curiae in the representative resources of con-troversy

Authors

  • Monique Mendes de Andrade

DOI:

https://doi.org/10.46901/revistadadpu.i10.p88-111

Keywords:

Public Defender, Amicus Curiae, Representative of controversy resources, Access to justice

Abstract

This paper seeks to bring considerations about the performance of the Public Defender as amicus curiae in resources representing controversy. Amicus curiae - third party involved in legal proceedings in order to provide additional and relevant information to the concerned judges - has been adopted in the Brazilian legal system as a character that assists the courts in pursuit of better assessment of constitutionality and interpretation of laws. The systematic of resources representing controversy, recent legislative changes in the Code of Civil Procedure have provided the individual with exceptional resources, through the general repercussion and a kind of trial by sampling started to be equipped with collective impact. In this trend, carried out a search guided by case law analysis on the interpretation that has been given by the Superior Courts, highlighting paradigmatic cases in which the Ombudsman sought Pubic join as amicus curiae in resources representing controversy in an attempt to use them as instruments the democratization of access to justice.

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Published

18-12-2020

How to Cite

Mendes de Andrade, M. (2020). Considerations on the intervention of the public defender as amicus curiae in the representative resources of con-troversy. Revista Da Defensoria Pública Da União, 1(10), 88-111. https://doi.org/10.46901/revistadadpu.i10.p88-111

Issue

No. 10 (2017): Revista da Defensoria Pública da União

Section

ACESSO À JUSTIÇA E DIREITO PROCESSUAL

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