A Defensoria Pública e sua atuação ante a exclusão legal da população carente

Abstract

The political, legal and social conjecture of Brazil is immersed in the striking feature of this country: the exclusion of the needy population. Historically segregated, the less affluent strata of this people find themselves in a chaotic picture of deprivation of the most basic material and economic resources, which inevitably leads to a poor quality of life. Such a scenario is still present within the State Powers, especially in the Legislative Power, to the exact extent that the needy classes of society in these loci also find obstacles to the assurance of their rights and the attainment of their interests. Thus, in the Legiferant Power, there is what may be called the legal exclusion of the needy population, since their wishes and rights do not find the right place for their protection and promotion. Notwithstanding this, the Constitution of the Federative Republic of Brazil, inaugurating a Democratic State of Law, tried to set clear objectives for the change of this scenario, that is, the Charter brought with it a mysterious social transformer. To this end, among its institutions, the Public Defender's Office was foreseen, essential for access to justice, expression and instrument of the democratic regime, having as its function the defense of rights and the guarantee of the pretensions of the hyposufficient. Thus, before all the Powers, the Public Defender's Office can and should act to carry out its constitutional purpose, especially within the Legislative Power, in order to curb the legal exclusion of this portion of the Brazilian people.