Defensoria pública e autonomia integral: desafios e perspectivas no atual cenário político-jurídico brasileiro

• Ano de defesa: 2017
• Autor(a) principal: Caldas, Mariana Urano de Carvalho
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Palavras-chave em Português: Defensoria Pública; Autonomia integral; Acesso à justiça; Estado; ADI nº 5296/DF
• Link de acesso: http://www.repositorio.ufc.br/handle/riufc/28854

The provision of free and full legal assistance to all vulnerable citizens is fundamental for the perspective of wide access to justice to become effective and, therefore, to reach the objectives of the Federative Republic of Brazil. Contradictory, the Public Defender’s Office, responsible for the service, is treated with disregard by the State, what makes not possible the full application of the Citizen Constitution and of the legislation related to the essential function to justice. Announcing its possible strengthening, the derivative constituent, by the CA No. 74/2013, made explicit the integral autonomy of the Public Defender's Office; however, dissatisfied with the effects of the reform, the Federal Executive proposed the DAU No. 5296/DF. Due to this, the present dissertation, using the inductive method, outlines the feasibility and importance of this autonomy according to the country's political-legal state. Based on extensive exploratory and qualitative research, from bibliographies and documents, initially, concepts such as policy and full legal assistance, as well as the original wording of the CRFB/1988, the LONDP and the CPC/2015, are discussed. After, it is analized all the adjustments made by the reforming power related to the highlighted essential function to justice, associating them with data collected in news and in diagnostic study. In the end, in compliance with the situation of the Public Defender’s Office of the Union, the last one to have its autonomy constitutionally declared, based on the grounds, the possible effects and the role of the STF in the DAU judgment 5296/DF. It is concluded the urgence of a construction of a completely independent Public Defender's Office, in the manner envisaged by the original constituent, and it is up to the Three Powers to avoid that the fundamental right set forth in item VXXIV of art. 5 of the Constitutional Charter appears as a mere promise of the Brazilian Democratic State of Law.