Defensoria Pública enquanto instrumento de efetivação do direito fundamental de acesso à justiça.

Abstract

Access to Justice is guaranteed to everyone by the Federal Constitution of 1988. To this end, the Magna Carta established the Public Defender's Office as the highest body to give effect to this fundamental right. However, the question arises of what really would be Access to Justice and whether the Public Defender's Office is really the most appropriate body for this guarantee. Understanding Access to Justice as a fundamental right, its importance is evidenced for the very configuration of the Democratic Rule of Law, as it enables democratization in access to the judiciary, a priori reserved for those who have the financial resources to move judiciary machine. Thus, one cannot speak of the Public Defender's Office without associating it with its mission to promote the democratization of access to justice. So, the work has as its central scope to investigate the Public Defender's Office as an instrument of implementation of the fundamental right of access to justice. For this, the deductive method was used as approach method, using as historical-evolutionary, exegetical- legal and hermeneutic as procedural methods, instructing research with indirect documentation through bibliographic research, with subsidy of national doctrine, scientific articles and magazines, as well as statistical data provided by these instruments. With this understanding of the non-renunciation of the Public Defender's Office, as described by the Federal Constitution as found by the study, it was possible to understand how this institution works, questioning about its objectives, prerogatives and autonomies guaranteed by the Magna Carta, and through this study it was noted that the Public Defender's Office is undeniably a historical institution and its essential role in Access to Justice is recognized, however, by analyzing in a factual way it was found that there is a gap in this institution, both in human and material terms, making the functioning of this indispensable organ to be weakened. The conclusions drawn from the research were that it is necessary to understand the Public Defender's Office as the most appropriate body to guarantee the Fundamental Right of Access to Justice, but, in addition, the prerogatives and objectives of this institution, as well as the autonomy directed to it by the Federal Constitution, must be made effective, so that Access to Justice is not just a right on paper, but a vivid and present in the lives of those who need.