The Public Defender’s Office as an institucional guarantee of the Fundamental Rights of people in vulnerable situations

Abstract

This article analyzes the Public Defender’s Office as an institutional guarantee for the
protection and preservation of the fundamental rights of vulnerable people in Brazilian
society. Initially, it is established the differentiation between institutional guarantees and the guarantees of the institute. Then, it is investigated the institutional role of the Public
Defender, the characteristics inherent to its conformity within the legal order aimed at
ensuring the efficacy of fundamental rules, highlighting the institutional principles, the
guarantees of its members and its attributions. Finally, this study seeks to understand how
the institutional guarantee role of the Public Defender’s Office is linked to the promotion
of social justice and the relevance of this institution within the structures of the public
administration, which are confirmed by actions aimed at protecting the right-guarantee
of access to justice of vulnerable groups. In conclusion, the Public Defender’s Office is a
“fundamental clause” to protect the effectiveness of the fundamental rights of people in
vulnerable situations, ensuring them access to justice to promote greater equality and the
reduction of social inequalities that mostly victimize this group of people.