A intervenção da Defensoria Pública como custos vulnerabilis e a necessidade de ampliação do conceito de vulnerável na nova Lei de Ação Civil Pública (PL n.º 4.441/2020)

Resumen

The central objective of this article, through inductive-deductive, historical-evolutionary, exegetical-legal and hermeneutic methods, is to expose the relevance of defensive intervention as Custos Vulnerabilis, highlighting the need to expand the concept of vulnerability in the new Law of Public Civil Action (PL nº 4.441/2020). To this end, bibliographies, doctrines, articles and scientific journals, legislation and jurisprudence had been analyzed with the purpose of demonstrate the institutional mission of guardian of the vulnerable conferred on the Public Defender's Office by the new constitutional legal order and the importance of the Institution as a guarantee instrument of contradictory and full defense in favor of the needy people and human rights. Following that, through the study of PL nº 4.441/2020, concluded that a defensive intervention should never be limited to financial hyposufficiency, as the institutional interest of the Defending State, resulting from the completeness of state legal assistance, requires the manifestation of Custos Vulnerabilis regardless of economic context of the party, given the existence of multiple causes of vulnerability.