A intervenção de terceiros e o novo Código de Processo Civil: atuação da Defensoria Pública na função de custos vulnerabilis

• Autor(a) principal: Caliman Matos, Valmir
• Data de Publicação: 2023
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Defensoria Pública da União (Online)
• Texto Completo: https://revistadadpu.dpu.def.br/article/view/629
• topic: Acesso à justiça; Tutela coletiva de direitos; Intervenção de terceiros; Defensoria Pública

Aims to investigate the admissibility of the Public Defender's procedural intervention in the function of vulnerabilis costs, similar to what occurs in the scope of action of the Public Ministry, which intervenes to fulfill its institutional mission as fiscal of the legal order (custos iuris). Justifies the study of the phenomenon of the guardian of the vulnerable as essential to the fulfillment of the functions assigned by the Federal Constitution to the Public Defender's Office. Describes the emergence of the Public Defender position with origins in the Public Ministry branch and its historical achievements for the autonomy of the institution. Analyzes recent works that debated this novel legal institute, as well as judicial precedents that faced the unprecedented institutional thesis, improved and incorporated into national law by the Public Defender of the State of Amazonas Maurilio Casas Maia. Confronts constitutional and legal provisions in order to analyze the legal basis that serves as a backing for the institute. The approach, focusing on the procedural institute of third-party intervention of Civil Procedural Law, aims to reveal the legal nature of the defense intervention as guardian or fiscal of the vulnerable, as well as its parameters and effects in the Brazilian legal system. Explores contemporary aspects of access to justice and its relevance to the collective protection of rights that involve underprivileged jurisdictions.