Defensoria pública: eficácia e desafios como órgão permanente da execução penal.

Abstract

This research analyzes in various aspects the legal assistance provided to hyposufficient under Criminal Enforcement, which is held responsible for the Public Defender. Thus, the law 12.313/2010 is studied , which classifies the Public Defender as an organ of criminal enforcement. Due to the right of full and free legal assistance in criminal establishments and out of them, this research is justified. Also justified by the need to analyze material, personal and structural investments in Public Defender, since an effective legal assistance depends on the strength and vigor of the institution. It was used the deductive method and, analyzing the legal provisions as well as the doctrine and jurisprudence related to the topic, it was sought to determine whether legal assistance is effectively provided by the Public Defender in prisons and elsewhere. As methods of procedure it was used the historical method, studying the historical development of the Public Defender as well as its role in criminal enforcement; also it as used the comparative method , in which it was demonstrated what the law determines and what actually happens in the legal assistance provided by the Public Defender. In the end it was verified. between the Criminal Enforcement Law and the other applicable legal provisions there is a vast abysm that can and must be reduced through public policies and investments for the Public Defender and the prison system.