A legitimidade da Defensoria Pública para propositura de ação civil pública como instrumento de acesso à justiça

Abstract

This thesis set out to study the legitimacy of the Public Defender for filing a Civil Action which has the aim trans rights. To do so, first we sought to study the right of access to justice, placing the role of the Public Defender as a driver of this right. After, we started to investigate the contours of actions of this institution. Below is joined on the examination of the Civil Action and how through collective process ensures a democratic state. Soon after dissecting what tutored by Civil Action object, the distinction between diffuse rights, collective and individual sense strictly homogeneous, as it gives legitimacy in collective process and what are the entities that have the legitimacy, in particular, the Public Defender. To treat on the subject of the present work was used as a starting point the arguments used in ADI 3943, which aims to recognize the unconstitutionality of the Law which included the Public Defender in the list of legitimized the filing of Civil Action. Through an inductive method, we started to approach the core of the work. The answer to the question was obtained by punctuating the arguments put CONAMP ADI in 3943 and rebbuting them. It was concluded that in order to be effective right of access to justice, the Public Defender is legitimized active for filing a Civil Action with the purpose any transindividual right, where demand can benefit hyposufficient groups of people.