Defensive investigation as corollary of the right to quality and efficiency of service in the Public Defender’s Office

Abstract

The Public Defender’s Office was established with the main purpose of providing full and free legal assistance to the needy. Besides a pro forma assistance, Complementary Law no. 80 provides the right of the assisted person to quality and efficiency in the service, that is, the defense should be the best and most adequate to achieve the proposed objectives. To do so, it must use the most viable means. Hence, from a criminal proceedings perspective – as having constitutional instrumentality, as well as a careful reading of the legislation regulating the Public Defender’s Office –, it is understood that the proactive defense concerning the collection of evidence favorable to the person investigated or accused person, should be the basic premise of the defense’s action, since, by implementing investigative acts, there is a more qualified defense and, consequently better results. This paper seeks, therefore, to identify whether it is possible for the institution to develop investigative acts during criminal prosecution, using, for this purpose, bibliographic research as the main source of data. After analyzing the current scenario of the Public Defender’s Office in Brazil, the text concludes that, despite the numerous obstacles to the investigative activity and need for structural and cultural changes, it is possible to practice defensive research and some defenders already develop it. In fact, the key element, considering the current scenario, is personal commitment, creativity, proactivity, the search for innovations and awareness of the actual role of technical defense in criminal proceedings.