A defensoria pública como garantia institucional dos direitos fundamentais de vulneráveis.

Abstract

This study aims to investigate the possibility of recognizing the Public Defense as an institutional guarantee and the effects of this framework, with an emphasis on differentiating Human Rights from Fundamental Rights. The study used the explanatory, which aims theorizing the subject, explaining the reasons and processes behind the theme, those are: the possibility of recognizing the Public Defender's Office as an institutional guarantee and what would be its effects. Therefore, this work relied on a bibliographical review based on published material, according to secondary sources, for example: law books, classic Greek literature books and scientific articles that address the subject. And also, through electronic access to databases, in Public Defender of the Federal District magazine and in Google Scholar search tool. For the selection of articles, the defined inclusion criteria were: articles and dissertations about the public defense as an institutional guarantee of the fundamental rights of people in vulnerable situations and the basic role of the human person. The work intended to solve the question of how the Public Defense fulfills its duty to guarantee the fundamental rights of different groups. In addition, regarding its nature, it will basically be a purely theoretical research, through a bibliographical review. In view of this, the crucial role of the Public Defense is evident in terms of protecting the rights of vulnerable people, starting to be seen as an institutional guarantee, with a certain autonomy, according to Constitutional Amendment 45/04 - with a focus on the State and Federal District Public Defense – and Constitutional Amendment 74/13 encompassing the Federal Public Defense. Keywords: Fundamental Rights. Dignity of human person. Public defense. Constitutional Amendment 45/04. Constitutional Amendment 74/13.