A Defensoria Pública do Estado do Amazonas e a promoção dos direitos fundamentais

• Autor(a) principal: Alencar, Miguel Henrique Tinoco de
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da UFPB
• Texto Completo: https://repositorio.ufpb.br/jspui/handle/tede/4364
• topic: Acesso à justiça; Assistência jurídica; Direitos fundamentais; Ações coletivas; Access to Justice; Legal assistance; Fundamental rights; Class actions; CIENCIAS SOCIAIS APLICADAS::DIREITO

The present research analyzes the main aspects of the functioning of the Public Defender of the State of Amazonas, focusing on critical view about its role in protecting and safeguarding fundamental rights, through the mission that requires him to Article 134 of the current Constitution, which erects in its Article 1, III, the human dignity as a pillar of the Republic and source of human rights. The Institution, despite the acquisition of financial autonomy with the approval of Constitutional Amendment n. 45/2004 has encountered severe difficulties in fulfilling its constitutional arduous task, especially the provision of full legal assistance to the poor, who constitute the vast majority of the state population. As will be seen in this study, the presence of the Public Defender represents a vector of reducing inequalities, promotes social inclusion and promotes peace, since it is the main portal for access to justice, and according to the authorities of the Ministry of Justice has demonstrably increased the Human Development Index - HDI places where he settled. Unfortunately, the reality of their actual performance is doubtful, especially when their services are restricted to a few cities in the almost inaccessible Amazon rainforest. By other hand, within the idea of changing waves of access to justice, written by Cappelletti and Garth it became permitted and valued the protection of collective rights, mainly through the class actions, perhaps the most important legal tool available to the institution from issue of Federal Law 11.448/2007 when it passed the Public Defender to be legitimized for the bringing of such actions, which led to the unprecedented expansion of its range, once restricted to individual demands. It is undeniable that this fact further democratized access to justice, now allowing not only the individual but groups or social classes to benefit the defense of their rights. After a brief background to the emergence of the Public Defender in the State and its institutional principles, the research points in its conclusions structural deficiencies and staff in the complex task of providing legal assistance to the universe of inapt, which can be partly, attributed the discontinuities budgetary and administrative management. It also emphasizes the achievement of the Special Fund of the Public Defender of the State of Amazonas, which has proven vital to equipping and maintenance of the Institution and has allowed the renewal of the fleet of vehicles and computer systems, including desk computers and notebooks. The present study with the field research measuring the level of satisfaction among the public assisted, makes a snapshot of its performance and proposals for allowing the interaction of all suggestions on administrative management in order to redirect the actions to reconciling them to the real needs to obtain efficiency and more than that the effectiveness in delivering its services. Attention is called to overcome the obstacles that cannot be the cause and effect of socio-juridical exclusion, which is why not only the State but the entire civil society organizations should much contribute for its improvement and enhancement, a long way to obtain material equality and respect for human dignity.