The Defensoria Pública's policy of assisting the provisional prisoners

• Autor(a) principal: Constantino, Otávio Fantoni
• Data de Publicação: 2020
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Segurança Pública (Online)
• Texto Completo: https://revista.forumseguranca.org.br/index.php/rbsp/article/view/1069
• topic: Defensoria Pública; Preso provisório; Política pública; Defensoria Pública; Remand in custody; Provisional prisoners; Public policy

This paper presents the results of a research on the implementation of the Defensoria Pública's policy of assisting the person imprisoned in the state of São Paulo. It aims to: i) evaluate how the process of elaboration and implementation of the policy was conducted; ii) analyze the mechanisms designed for monitoring the policy; and iii) analyze the results already gathered by public policy. As a method, this research uses document analysis - the resolution and acts that institutes and regulated this public policy and the records of the sessions of the Defensoria Pública's Superior Council - and the quantitative analysis of the data of the resources available by the institution. A policy for assisting the person in custody, implemented since mid-2014, was articulated and created with a civil society, with the main motivating factors being the need for the Public Defender to act immediately after an arrest, perfecting a practice institutional based on the elimination of bottlenecks in the knowledge flows of public defenders and greater institutional presence in the Centros de Detenção Provisória (CDPs), making it possible, in addition to the technical practice of defending and preventing possible violations of the fundamental rights of those present. However, the institution's internal interests and the resources of the Executive Branch limit the fulfillment of the expectations that drove the creation of this policy, as well as its monitoring.