Estudo sobre o papel desempenhado pela autointitulada advocacia de interesse público no Estado do Paraná
Ano de defesa: | 2021 |
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Autor(a) principal: | |
Orientador(a): | |
Banca de defesa: | |
Tipo de documento: | Dissertação |
Tipo de acesso: | Acesso aberto |
Idioma: | por |
Instituição de defesa: |
Universidade Positivo
Brasil Pós-Graduação Programa de Pós-Graduação em Administração UP |
Programa de Pós-Graduação: |
Não Informado pela instituição
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Departamento: |
Não Informado pela instituição
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País: |
Não Informado pela instituição
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Palavras-chave em Português: | |
Link de acesso: | https://repositorio.cruzeirodosul.edu.br/handle/123456789/3059 |
Resumo: | The objective of this dissertation was to analyze the role played by the self-styled public interest law practice in the State of Paraná, especially with regard to unequal access to justice, as well as to understand whether in fact the institutions that present themselves as such can be recognized as agents of public interest law practice. Although the Federal Constitution of 1988 provides that everyone, without distinction, has the right to access justice in the search for the enforcement of their other rights, including the Public Defender's Office being the institution responsible for providing full free legal assistance to those in need, what can be seen is that, in practice, this constitutional norm has not been realized. Thus, considering that the exclusive adoption of the Public Defender's Office assistance model is not enough to meet the demand of the needy population, especially in the State of Paraná, public interest lawyering reveals itself as an alternative for the reduction of inequality in access to justice. In this sense, the public interest law practice emerged precisely as an instrument to represent the interests of the poor, minority or marginalized groups, who could not afford to hire private lawyers. It is composed of three actors: law firms that provide pro bono legal services; legal clinics; and strategic litigation NGOs. In Paraná, as there are already institutions that call themselves providers of public interest law services, we initially sought to identify such institutions, and then, using a semi-structured questionnaire, collected data about how each one of them operates. Of the fortyeight (48) members identified, only thirteen (13) answered the questionnaires. Based on the data collected, a qualitative analysis of the information was carried out, and then, with each group of players, the test of the formulated hypotheses was carried out, namely: (i) the selfstyled public interest advocacy in the State of Paraná plays a relevant role in reducing inequalities of access to justice; (ii) the self-styled public interest advocacy in the State of Paraná is not in fact a public interest advocacy and is used for other purposes, such as marketing, client acquisition, commercial strategy. After analyzing the theoretical framework and testing the hypotheses, it was concluded that many institutions that call themselves public interest advocacy are not in fact public interest advocacy. However, it can be said that those institutions that do provide services in this modality have contributed to the reduction of inequality of access to justice in the State of Paraná. |