A necessidade de efetivação do princípio do defensor público natural no processo penal

Abstract

The present study seeks to demonstrate the need to implement the principle of natural public defender, especially in criminal proceedings. The method used will be the bibliographic review and the documentary analysis. Initially, the role played by the Office of the Public Defender in the defense of the under-privileged will be discussed and, to better understand it, the concept of "access to justice" and the principle of the public defender will be explained in a problematized way Natural''. A brief historical analysis of the Public Defender's Office in Brazilian Law will also be made. Subsequently, the issue of technical defense in criminal proceedings will be discussed. By understanding the principles of due process and ample defense, it will be seen how these grounds protect litigants from usurpation of their respective rights. Then, to the tractor of the dative advocacy phenomenon, it will be possible to understand the limitations of that one compared to the Public Defender's ability to act. Subsequently, the natural promoter principle will be opposed to the principle of the natural public defender. Such a study will show that, although the members of the Public Prosecutor's Office and the Office of the Public Defender have similar functions, the latter find it difficult to exercise their prerogatives to the full. Finally, a judgment handed down by the Federal Supreme Court (STF) and a resolution issued by the Court of Justice of Espírito Santo will be analyzed. These documents will jointly serve to defend the fulfillment of the natural public defender. It will be clear that dative advocacy should be used in a subsidiary and exceptional manner.