The democratization of the access to justice and the profile of the Public defender performance on the tutelage of diffuse and collective rights: an analysis of the public civil actions filed by the Public Defender of the State of São Paulo in 2007-2012

• Grant number: 13/11481-0
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: August 01, 2013
• End date: July 31, 2014
• Field of knowledge: Applied Social Sciences - Law - Special Rights
• Principal Investigator: Fabiana Cristina Severi
• Grantee: Graziela Prates Viol
• Host Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil

Abstract

This research intends to accomplish a study of the democratization of the access to justice under the optics of the Public Defender of the State of São Paulo performance on the tutelage of diffuse and collective rights. The question that will guide the research is: what is the stance of this institution in the public-interest civil action (2007 - 2012), classified according to a year of proposal, in relation to the kind of defended diffuse and collective rights? Then, from this question and the analysis of these actions, it is desired to materialize the profile of this institution in the defense of diffuse and collective rights. As secondary goals, it is desired: a) to make a bibliographical review of the democratization of access to justice under the angle of the Public Defender of the State of São Paulo and of the link between this institution and diffuse and collective rights; b) to select the public-interest civil action proposed by the Public Defender of the State of São Paulo on the tutelage of diffuse and collective rights between the years of 2007 to 2012, classifying them according to the year of the proposal and dividing them according to the kind of defended diffuse and collective rights and c) to analyze these actions to systematize quantitatively the demands of diffuse and collective rights during the period. As a methodology, besides making bibliographical review, the research shapes as exploratory, because it intends to collect information about the profile of the Public Defender of the State of São Paulo on the tutelage of the action civil publics in the period in analysis, this method helps the result of this research (the materialization of this profile of the Public Defender) to become an important subsidy for studies, discussions e researches inserted in the matter about access to justice and to democracy and, specifically, about the link between Public Defender of the State of São Paulo and diffuse and collective rights.(AU)