A DEFENSORIA PÚBLICA E A INTERVENÇÃO CUSTOS VULNERABILIS COMO INSTRUMENTO DE SUPERAÇÃO DAS VULNERABILIDADES PROCESSUAIS

Abstract

The present work highlights a latent issue in the brazilian jurisdictional provision: the lack of access to justice by people in a vulnerable situation. Although equality is provided by the Constitution, there is a huge abyss between theory and real life, in a way that several conditions become obstacles for the common citizen to have Justice’s support to have their rights assured. Based on this idea, this essay discusses how the Public Defender's Office, as an institution “guardian of the vulnerable”, based on its institutional interest attributed by the Constitution, can and should act in order to overcome this lack of access. Thus, both the institutional strengthening of the Public Defender's Office and the custos vulnerabilis, a new modality of defense intervention, present themselves as instruments with the potential to overcome the procedural vulnerabilities that impede effective access to justice.