A porta de entrada da justiça aos vulneráveis no Brasil: comparação entre os critérios de atendimento das defensorias públicas brasileiras e as 100 regras de Brasília

Abstract

This research seeks to assess the extent to which the service criteria used by the Brazilian Public Defender's Offices are in line with the rules on access to justice for vulnerable people through the Public Defender's Office established by the international law document called the "Brasilia Rules on Access to Justice for Persons in Conditions of Vulnerability." As was discussed in this work, this document is the result of a working group that established guidelines to guarantee access for vulnerable people to rights enforcement mechanisms. The Public Defender's Office is the institution constitutionally granted the function of legal guidance and defense at all levels of the rights of those in need. Considering that it is now understood that those in need mentioned in the legal and administrative rules referring to the Public Defender's Office and its users are those who present some type of legal vulnerability and not only the financially hyposufficient, a comparison was made between the rules issued by the national Public Defender's Offices on their criteria for admitting users to their services and the rules on the assistance to vulnerable persons by the Public Defender's Office contained in the document "Brasilia Rules on Access to Justice for Persons in Conditions of Vulnerability." This work, which is a comparative and applied research, aims to generate knowledge for practical application and, where appropriate, directed towards solutions to specific problems that may be further identified in the aforementioned administrative rules.