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The Role of the Public Defender's Office in Defending the Vulnerable in Possessory Actions When There is a Multitudinous Litigious Consortium

Public Defender’s Office. Possessory demands. Multitudinous passive litigation. Guardian of the vulnerable.

The purpose of this study is the role of the Public Defender's Office as guardian of the vulnerable in possessory actions with multitudinous passive litigation. This is an important institutional function that aims to protect the interests of vulnerable people in collective possessory demands that exist in needy and vulnerable groups, however, it is clear that there is still a tradition of seeing the Public Defender only as an instrument of individual access for the person without economic conditions for the Judiciary, with not even among the actors in the legal environment [judges, prosecutors, lawyers, etc.], a correct understanding of the new mission of the Public Defender's Office to act in the protection of vulnerable people in its broadest possible sense. This phenomenon is even more serious among vulnerable groups in collective occupations, as they are people who know little about land conflicts, access to justice, adversarial proceedings and, also, about the actions of the Public Defender's Office in favor of the vulnerable population in collective possession conflicts. In this context, the study intends to discuss the topic, thus contributing to the understanding of the new role of the Public Defender, in particular his role in defending the vulnerable in possessory demands when there is a multitudinous dispute. To this end, initially, through a bibliographical review, an approach is made on access to justice and the promotion of human rights as a responsibility of the Public Defender's Office, discussing the renewal waves of Mauro Cappelletti and Bryant Garth (1988) and access to justice for people in vulnerable conditions. Next, land conflicts and possessory guardianship are discussed, making a brief approach to the sociological and legal aspects of urban and rural land conflicts, delving into important concepts of possession and a study of the current model of possessory jurisdictional guardianship established by the Code of Civil Process. In a third chapter, it is dedicated to making important considerations about the role of the Public Defender's Office as guardian of the vulnerable in collective possessory demands, presenting the defense legal microsystem, which authorizes institutional action in different formats, whether as party, assistant, substitute or intervening in legal proceedings. From this point onwards, the work will begin in the fourth chapter in an empirical, qualitative and descriptive analysis of the role of the Public Defender's Office as guardian of the vulnerable in possessory demands in the State of Rondônia, based on the individual analysis of demands carried out by the Núcleo de Defesa dos Direitos Humanos e da Coletividade (NUDHC). Finally, the last chapter, intended to expose the construction of an information booklet with the purpose of expanding the informational universe of the target audience regarding the legal elements of possessory conflicts, as well as disseminating the role of the Public Defender's Office and its activities aimed at carrying out the fundamental rights and the promotion of human rights as a way to mitigate or overcome the informational vulnerability of these people.