Who will defend society? Trajectories and institutional competition around collective redress between public prosecutor’s office and public defender’s office in the post 1988 period

• Autor(a) principal: Lamenha, Bruno
• Data de Publicação: 2021
• Outros Autores: Lima, Flávia Danielle Santiago
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Espaço Jurídico/Espaço Jurídico Journal of Law
• Texto Completo: https://periodicos.unoesc.edu.br/espacojuridico/article/view/26652
• topic: Ministério Público; Defensoria Pública; Tutela Coletiva; Institucionalismo Histórico; Competição institucional; Mudança institucional; Public Prosecutor’s Office; Public Defender's Office; Collective Redress; Historical Institutionalism; Institutional Competition; Institutional Change

The 1988 constitutional order promoted significant changes within the justice system. This article addresses two institutions inserted in this scenario, their trajectories after the promulgation of the constitutional text, presenting a hypothesis of institutional competition between them around an also valuable agenda in the 1988 Constitution: the defense of transindividual rights (collective redress). Thus, in spite of the institutional framework designed by the Constituent of 1987/1988 having established very different functions for the Public Prosecutor’s Office and the Public Defender's Office, three more decades since 1988 Constitution, there is a clear overlap of attributions in the field of collective redress between these two institutions. Based on the tradition of historical (neo) institutionalism, analyzing the trajectories - formal and informal - of reorganization of both institutions, the text identifies parallel processes of institutional change in the Public Prosecutor’s Office and the Public Defender's Office that establish some explanatory hypotheses for the competition established between them within the scope of collective redress. The research is based in a bibliographic approach, supported by the literature review produced in Law and Political Science regarding the theme and documentary analysis (legislation, minutes and speeches), in an interdisciplinary perspective.