HOLANDA NETO, E. R.; http://lattes.cnpq.br/8123945136652906; HOLANDA NETO, Espedito Rodrigues de.
Résumé:
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.