Defensoria Pública vs Brasil: possibilidades de resistência sob a égide do sistema interamericano de proteção dos direitos humanos

Abstract

As a consequence of the internationalization of human rights, the Public Defender’s Office werw institucionalized in Brazil. However the expectations that emerged from its creation have been frustrated, especially because of the postures neglected by the Executive Power. That said, this article aims to analyze if the Brazilian State could be sued on Inter-American System for the Protection of Human Rights because of the violations perpetrated againt the institution, such as the DAU 5296/DF and the CA 95/2016, also discussing the insufficient effects of art. 98 of the TCAP (CA 80/2014). Using the inductive method and bibliographic, documental and jurisprudential study, the research relates, from an exploratory and qualitative assessmente, the (in)effectiveness of provisions of the higher legal system referring to the essential function of justice with the promises made of the Brazil to the Inter-American organisms, presenting forms of resistance in the international arena to confront unconventional omissions, which reflect both on the performance of public defenders and on the exercise of the human rights of their current and potential beneficiaries. Starting from the reinterpretation of the principle of equality, the conclusion is that the Public Defender’s Office can be the object of action before the Inter-American System for the Protection of Human Rights, especially because of its quality as a vehicle of full and free legal assistance, a corollary of human right of access to justice.

Keywords: Public Defender’s Office. Executive Power. Inter-American System for the Protection of Human Rights. Unconventional omissions. Access to justice.