the role of the Public Defender's Office as a vector of transformation and social emancipation in the light of the sociology of absences and emergencies
Public Defender; access to Justice; vulnerabilities; Sociology of absences and emergencies; incarceration.
This research addresses the study of the right to access justice as a fundamental human right, considered the most basic of all rights. This is a qualitative research, whose general objective is to demonstrate that the Public Defender's Office, as a permanent institution of access to justice for the underprivileged, can act as an instrument of transformation and social emancipation, in the context of reducing criminal vulnerability, in light of sociology of absences and emergencies. This action aims to uncover and combat state actions and omissions that, within the scope of criminal proceedings, seek to reinforce the current paradigm of social invisibility. In the first chapter, the study addresses the concept in its various dimensions, in addition to the evolution of access to justice, consolidated by the Florence Project, through the three renewal waves, whose main researchers were Mauro Cappelletti and Bryan Garth, in the 1970s. Over time, due to the transformation of society and justice, new waves of renewal emerged to guarantee the realization of citizens' rights, especially the poorest and most vulnerable. In this context, there was a need to develop strategies to realize the rights of these citizens, who, in turn, could not afford to pay legal fees. Among these strategies, two main models stand out: the "judicare" and the "salaried staff model". The "judicare" model is one in which the State finances private lawyers to represent the causes of the most needy citizens, while the "salaried staff model" is the model currently adopted by Brazil, through the Public Defender's Office, addressed more comprehensively in the second chapter. This institution, created and constitutionally provided for, aims to provide comprehensive and free legal assistance to vulnerable citizens. Although the Public Defender's Office has already been established in all Brazilian states, it is still not present in a significant number of municipalities, which is a worrying reality, especially in a country with a large proportion of poor citizens and a significant incarcerated population, a result of the social ills experienced today. In the third chapter, the various forms of vulnerability experienced by the poorest layers of Brazilian society are discussed, with emphasis on criminal vulnerability, evidenced by mass incarceration, which results in a large number of citizens living in invisibility. This phenomenon is evidenced by the studies of Boaventura de Sousa Santos, through the sociology of absences and emergencies. As a result of the research, it is pointed out that the Public Defender's Office, considered the voice of the vulnerable, through strategic actions, can be an instrument of social emancipation and resistance to attempts to silence, hide or undermine the rights of those most in need.