Política pública de acesso à justiça integral e gratuita: uma abordagem sob o arranjo jurídico institucional da defensoria pública

Abstract

This paper addresses the public policy of access to comprehensive and free justice under the institutional legal framework of the Public Defender's Office. The central problem of the research concerns financial autonomy. The main objective was to investigate, within the scope of the public policy of access to comprehensive and free justice and based on the framework of references of Maria Paula Dallari Bucci, the institutional legal framework of the Public Defender's Office in the context of autonomy. The theoretical framework for organizing this research is the Law and Public Policy approach, and the methodologies adopted were bibliographic, documentary, and jurisprudential research, as well as data collection through a national diagnosis. In conclusion, it is found that autonomy, understood as a structure protected from external interference, is a pertinent adjustment element in the institutional legal arrangement of the Public Defender's Office, and that the individualization of personnel expenditure limits for the Public Defender's Office represents a relevant adjustment to guarantee its administrative and financial independence, thus preserving the autonomy and self-governance granted to it by the 1988 Brazilian Constitution, making the public policy of access to full and free justice more effective. To impact this scenario, it was suggested that a State Supplementary Law be enacted, replicable in all units of the federation, individualizing the limits of personnel expenses for the Public Defender's Office, promoting the total legal separation of budgets between the Public Defender's Office and the State budget.