The democratization of constitutional jurisdiction through the Public Defender system

• Autor(a) principal: Filho, Francisco Alves da Cunha Horta
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da EMERJ (Online)
• Texto Completo: https://ojs.emerj.com.br/index.php/revistadaemerj/article/view/387
• topic: defensoria pública; jurisdição; constitucional; democracia; public defense; jurisdiction; constitutional; democracy

The article proposes to face the need of remodeling the Brazilian Federal Constitution of 1988 to include, in the article 103 of its text, the active legitimacy of the Federal General Public Defender to propose actions aimed at abstract control of constitutionality towards the Federal Supreme Court and remove a law or normative act from the legal system. From the demonstration that access to justice is a fundamental right and that the Public Defender's Office, especially in the last two decades, was reconfigured to detach itself from the idea of an action linked only to the beneficiary's economic situation, the text proposes, as way of deepening the redemocratization process, a healthy expansion of the list of legitimate assets. Throughout the article, the main arguments supporting the conclusion that the Constitutional Amendment Proposals aimed at recognizing the possibility of the Public Defender's Office acting in the abstract control of constitutionality must be approved in the shortest time to correct an imperfection of the current system, still shaped by a logic that no longer holds.