A LEGITIMIDADE ATIVA DA DEFENSORIA PÚBLICA NA PROPOSITURA DE AÇÕES CIVIS PÚBLICAS:

Impactos do Julgamento da ADI 3.943 na Tutela de Direitos de Natureza Coletiva

Abstract

The Public Defender's Office is an institution essential to the jurisdictional function of the State, with the duty to provide full and free legal assistance to those with low income. The objective of this work aims to initially address the historical evolution of legal assistance to the underserved in Brazil, with emphasis on the inclusion of the Public Defender's Office in the 1988 Federal Constitution, in a comparative context with the legal assistance system in Portugal and Latin America. Next, we seek a concept for the protection of collective rights, as well as the analysis of the legitimacy of the institution of the Public Defender's Office before and after the promulgation of Law nº 11,448/2007, from the perspective of the Direct Action for the Declaration of Unconstitutionality - ADI nº 3,943, proposed by the National Association of Public Prosecutors (CONAMP). The constitutional control of the legal provision points to the expansion of collective rights and greater democratic participation of the underprivileged.