Banca de DEFESA: Manuela de Santana Passos

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Manuela de Santana Passos
DATE: 20/07/2022
TIME: 19:00
LOCAL: TEAMS
TITLE:

THE VOICE OF THE INVISIBLE IN THE STF AND STJ: THE EFFECTIVENESS OF THE STATE PUBLIC DEFENDERS' STRATEGIC ACTION GROUP IN THE HIGHER COURTS (GAETS) FOR THE DEFENSE OF THE HUMAN RIGHTS OF VULNERABLE GROUPS.

KEY WORDS:

GATES. Strategic Litigation. Public defense. Access to justice. Precedents.

PAGES: 161
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

The present academic work investigates the activities developed by the Strategic Action Group of State Public Defenders in the Superior Courts (GAETS) for the formation of precedents favorable to the human rights of vulnerable people. It aims to assess whether the actions developed by its members, such as the use of strategic litigation and advocacy techniques, effectively contribute to the persuasion of ministers in sensitive judicial demands to the public assisted by the Public Defender institution and which points can be leveraged. The methodology used included semi-directive interviews with members of the GAETS, quantitative analysis of the processes with the participation of State Defenders in the STF and STJ and qualitative examination of judgments from these bodies with the intervention of the group of public defenders. The results obtained showed that the participation of GAETS members in the criminal proceedings of the STJ occurs in about 31% of the cases, while in actions in general this participation is reduced to approximately 8% of the processes. There is, therefore, a preponderance of collective action in matters of Criminal Law in the STJ. Within the scope of the STF, the proportion of cases involving state defense offices is reduced, hovering around 1% of the demands, also with prevalence in the criminal area. It was found that there is a considerable difference between the demand of the various state defense offices of the GAETS. Qualitatively, it was concluded that the attributions of the GAETS, its petitions as amicus curiae, arguments, use of research, meetings with ministers and other instruments of strategic litigation contribute positively to the higher courts emanating beneficial jurisprudence to the socially excluded and exposed. It was also suggested that the appointment of professionals with exclusive activities in the GAETS activities, the creation of a computerized system for the group and its own administrative structure (with coordination) could optimize the results of the work carried out.

BANKING MEMBERS:
Externo à Instituição - FRANKLYN ROGER ALVES SILVA
Presidente - 2373993 - DEBORA BONAT
Interna - 1150035 - FERNANDA DE CARVALHO LAGE
Interno - 191.173.968-91 - JOSE GERALDO DE SOUSA JUNIOR - UnB