Banca de DEFESA: Gustavo de Assis Souza

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : Gustavo de Assis Souza
DATE: 22/07/2022
TIME: 15:00
LOCAL: MEET
TITLE:

“Access to Justice for the Invisibles in Street Situation: perspectives in the face of aporophobic authoritarian practices and the actions of the Public Defender's Office".

KEY WORDS:

Homeless People; Access to Justice; Public Defender; Aporophobic Authoritarian Practices; Human Rights Education.

PAGES: 176
BIG AREA: Ciências Sociais Aplicadas
AREA: Direito
SUMMARY:

This research investigated the (in)access to justice for the homeless people. More specifically it was problematized how to (re)think the access to justice for this population, in a context of emergence of aporophobic authoritarian practices, and facing the challenges imposed to the Public Defender. To shed light on this issue, initially, and through bibliographical research, we investigated the intertwining between human dignity and access to justice, as well as how this principle has been violated today, through aporophobic authoritarian practices that are generated to the detriment of the poor people. In the aftermath , the evolution and challenges of the access to justice movement were examined, since the 1970s, with the Florence Project and the three renovating waves initially proposed, as well as the emergence of new waves that have emerged and impacted the Brazil, with emphasis on the Global Access to Justice Project, a new worldwide project to examine access to justice, on all continents. After the theoretical consolidation of the research in the interdisciplinary field of access to justice, it was decided to cut back the analysis to the homeless people and its (in)access to justice, since it is a poor population that is even more vulnerable and presents its own challenges. It was investigated who are these individuals on the streets, the estimate of how many there are, the main aporophobic authoritarian practices perpetrated against them, the (in)effectiveness of Decree 7.053 of 2009 and the ways to ensure access to justice through public policies before judicialization. Subsequently, we examined how the Public Defender has been acting on behalf of these vulnerable people on the streets. As a cutout of the research, the analysis was delimited to the Public Defender Office of the State of Goiás (DPEGO) to investigate in empirical terms, through documentary analysis, how the institution has promoted access to justice extrajudicially and judicially for this population mentioned, in the context of the COVID-19 pandemic, between 2020 and 2021. It was observed that the institution managed to ensure a minimum of rights for the homeless population in this pandemic period, even with its weaknesses. However, unlike other approaches that often restrict themselves to the need for expansion of the institution as a synonym for more access to justice, the results pointed out the joint need for improvement of the counter-hegemonic action of other actors in the justice system, notably the Judiciary under penalty of limitation of the first institution. Finally, a new way to (re)think about access to justice was proposed for the PSR, in order to expand it, beyond the traditional access to institutions and permeating the social body. Human Rights Education was identified as the necessary vehicle to stimulate the emergence of fraternal behaviors, of welcoming the other and, consequently, as a weapon to break the aporophobic authoritarian practices. With an education along these lines, formal and informal, there will be a greater tendency for plural public policies to emerge, as well as for the democratization of justice, from the manifestation of different actors that will reverberate directly in the functioning of institutions and, consequently, in the access to justice of the invisible homeless.

BANKING MEMBERS:
Presidente - 2729067 - DANIELA MARQUES DE MORAES
Interna - 1999301 - REBECCA FORATTINI LEMOS IGREJA
Interna - 1074055 - TALITA TATIANA DIAS RAMPIN
Externo à Instituição - WILSON ALVES DE SOUZA - UFBA