A defensoria pública e a guerra (de posição) contra o sistema inquisitorial

Abstract

The present research aims to examine the performance of the Public Defender's Office, in the criminal sphere, through its thematic centers, in order to identify the existence or not of action strategies that could help to change the inquisitorial system. This is a qualitative, descriptive research, with inductive research method, which methodologically was developed through the following instruments: semi-structured, documentary and semi-structured interview. The survey based on bibliographic analyzes was carried out by searching for books and scientific articles about the bibliographic categories to be studied, in particular by the selection of texts by authors critical of the criminal procedural system, by authors related to Brazilian sociology with the objective of presenting indications about the oppressions identified in the criminal process and Gramscian authors in order to provide the conceptual basis on which empirical analysis is based. In all, 6 semi-structured interviews were carried out with Defenders coordinating thematic centers in the criminal area. After conducting the research and data analysis, it appears that the interviewees' perception of the country's criminal justice system is of an authoritarian and violent practice, which does not guarantee fundamental rights and guarantees. With regard to the performance of the Public Defender's Office, it is identified that it is still a little organized action and that it tries to be critical, however, it is not organically linked to the subaltern groups targeted by the criminal justice system.