Public Defense: Paths and Gaps in Access to Justice

• Autor(a) principal: Faustino, Marcella Raphaella
• Data de Publicação: 2023
• Outros Autores: Cerqueira Batitucci, Eduardo, Gonçalves da Cruz, Marcus Vinícius
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Direito GV
• Texto Completo: https://periodicos.fgv.br/revdireitogv/article/view/89241
• topic: Public Defense; extrajudicial action; access to justice; conflict resolution; Public Defense of Minas Gerais; Defensorias Públicas; atuação extrajudicial; acesso à justiça; meios de solução de conflitos; Defensoria Pública do Estado de Minas Gerais

This research paper aims to analyze how Public Defenses have been trying to expand the use of extrajudicial conflict resolution methods. Through qualitative research, secondary sources are used to describe the national scenario regarding access to justice, forms of conflict resolution and the constitution of Public Defense in Brazil, while questionnaires sent to Defenses and interviews to outline a case study of the Public Defense of Minas Gerais (DPMG) complemented the methodological procedures. The research findings point out that the studied Defense’s offices recognize the importance of expanding their extrajudicial action, but that is not a priority. Furthermore, it points out that the DPMG seeks to strengthen its management instruments to expand the scope of its activities. It is concluded that such institutions are still unable to promote access to justice in its broad sense, since their efforts are primarily focused on acting within judicial processes. The article contributes in theoretical terms to fill the gap in the few studies on the work of Defenders in the country, while the empirical contribution reinforces the need to strengthen the strategic role of these institutions in a country with strong inequality in access to justice.