Banca de DEFESA: EDUARDO GUIMARAES BORGES

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : EDUARDO GUIMARAES BORGES
DATE: 12/03/2024
TIME: 16:00
LOCAL: meet.google.com/mms-yrnw-crm
TITLE:

ACTIVITY OF THE PUBLIC DEFENSE OFFICE AS GUARDIAN OF THE VULNERABLE IN POSSESSION DEMANDS IN THE STATE OF RONDÔNIA

 

KEY WORDS:

Access to Justice, Public Defender's Office, Vulnerable people, Possession claims.

PAGES: 125
BIG AREA: Outra
AREA: Multidisciplinar
SUMMARY:

The present paper discuss the role of the Public Defender's Office in safeguarding the interests of vulnerable individuals in possession disputes in the state of Rondônia. It begins from the premise that true access to justice necessitates the establishment of mechanisms designed to ensure procedural equality and the realisation of the subjective rights of those who are part of vulnerable groups. The research is justified by the unequivocal need to secure access to justice for economically disadvantaged individuals. The main goal of this research perpasses beyond merely discussing and analysing the Public Defender's Office's actions on behalf of vulnerable groups in collective possession actions - it seeks, above all, to propose a tool that serves as an educational resource and aids in overcoming obstacles to justice access for occupants. Consequently, the research methodology adopts both qualitative and quantitative approaches, employing procedures of term description, classification, literature review, and the analysis of data from legal cases. A literature review provides insights into access to justice and the renewal waves proposed by Mauro Cappelletti and Bryant Garth. Issues of land conflict and possession protection are examined through the lens of both sociological and legal perspectives pertaining to urban and rural land disputes. A conceptual description of possession and ownership is formulated, along with a study on the contemporary model of judicial protection of possession established by the 2015 Code of Civil Procedure. The role of the Public Defender's Office as a catalyst for Access to Justice is debated, outlining the legal microsystem of the Defender's Office, which sanctions institutional actions in several capacities, whether as a litigant, assistant, substitute, or intervenor in legal proceedings. The efforts of the Rondônia State Public Defender's Office in collective possession claims are scrutinised through an examination of court cases involving active participation from the Rondônia State Public Defender's Office's Human Rights and Collective Defence Centre (NUDHC) between May and August 2023. The findings suggest that the Public Defender's Office's involvement in possession claims has facilitated a more balanced equality of arms in defending the interests of the economically disadvantaged populace, thereby enabling the rights of Access to Justice and to a fair trial, of which they might otherwise be unaware. The inhabitants of collective occupations generally represent a demographic beset by vulnerabilities linked to both resource deprivation and historically denied fundamental rights. They possess limited knowledge regarding land disputes, access to justice, the adversarial system, and the operations of the Public Defender's Office designed to actualise fundamental rights and promote human rights. Information deficiency is among the several barriers that need dismantling. To mitigate or eliminate this barrier, we advocate for the creation of an Information Booklet intended to expand the legal knowledge of occupants of collective dwelling spaces regarding legal aspects of possession disputes and to disseminate information about the role of the Public Defender's Office in advocating for the vulnerable.

COMMITTEE MEMBERS:
Presidente - 1718398 - THAIS BERNARDES MAGANHINI
Interna - 1546985 - APARECIDA LUZIA ALZIRA ZUIN
Externa ao Programa - 2078382 - ADRIANA VIEIRA DA COSTA - UNIR