A defensoria pública e a proteção dos direitos metaindividuais no estado democrático de direio

AUTOR(ES)
DATA DE PUBLICAÇÃO

2008

RESUMO

This research has the scope of understanding the role of Public Defenders in state action after the Constitution. Since the 1988 Constitution, the Rule of Law, based upon the protection of the dignity of the human being, the entire juridical assistance of the poor by Public Defender has become a fundamental right of every citizen a way to guarantee the protection of human dignity. Public Defenders, however, have been seen, for a long time, as responsible only for the individual protection of poor people, what has been causing opposition in Court decisions and Law Books about the possibility for Public Defenders to do state actions. A new view for the role of Public Defender in State Action is becoming more often, especially after the Law number 11.448, 2007, that has given public defenders legitimacy to propose State Action. The possibility for Public Defenders to make State Actions is a way of extending democracy and access to Justice to poor people in order to guarantee the principal of human dignity and equality (material due process of Law).

ASSUNTO(S)

defensoria pÚblica - dissertaÇÕes ciências sociais aplicadas direitos fundamentais - dissertaÇÕes assistÊncia judiciÁria - dissertaÇÕes

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