Public defense in Santa Catarina

brief analysis about state free legal assistance

Authors

DOI:

https://doi.org/10.24302/acaddir.v3.3333

Keywords:

Free Legal Assistance, Public Defense, Access to Justice

Abstract

The Public Defender's Office is a permanent institution, essential for the jurisdictional function of the State, thus being responsible for legal guidance, human rights and their defense, in any degree, whether judicial or extrajudicial, based on individual and collective rights, acts in an integral manner and free of charge to the most needy, according to article 5 of the Federal Constitution. But in Santa Catarina it was only established in 2012, so the question arises: What are the main aspects of the Public Defender's Office in the State of Santa Catarina and how is the provision of free legal assistance within the state of Santa Catarina? The main objective is to analyze how the Public Defender's Office operates in the State of Santa Catarina and how legal assistance is provided in the Santa Catarina scope. In order to carry out the research, the deductive approach method was used, starting from the theoretical basis on the concept of functions of the Public Defender, and then analyzing the concrete case of Santa Catarina, applying the bibliographic and documentary research technique, based on a review. doctrine and Brazilian legislation. It was concluded that there is a great demand from the needy population that needs legal advice and is unable to pay the costs of the fees of a private lawyer. Therefore, the complementation provided by the two defense models present in the state is adequate and contributes effectively to access to justice.

Author Biographies

Ana Luzia Finger, Universidade do Contestado (UNC)

Discente do Curso de Direito. Universidade do Contestado. Campus Concórdia. Santa Catarina. Brasil.

Morgana Henicka Galio, Universidade do Contestado (UNC)

Mestre em Direito pela Universidade Federal de Santa Catarina (UFSC), Membro do Instituto Brasileiro de Direito Processual (IBDP), professora no curso de Direito da Universidade do Contestado. Campus Concórdia. Santa Catarina. Brasil.

Published

2021-11-29

How to Cite

Finger, A. L., & Galio, M. H. (2021). Public defense in Santa Catarina: brief analysis about state free legal assistance . Academia De Direito, 3, 1141–1163. https://doi.org/10.24302/acaddir.v3.3333

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Section

Artigos