Acceso usuarios
Igor Souza Marques
This article attempts to investigate the public defender office’s intervention in Brazilian’s civil litigation as custos vulnerabilis. It will analyze whether this legal construction effectively has a redistributive impact on law and changes the status quo or would it be a symbolic commitment. It uses the argumentative dialectical approach method; the structuralism procedure method and the sociological interpretation method. As a research hypothesis, it considers that public defender office’s intervention as a “vulnerable’s guardian” is legitimated by the protection of vulnerable group’s fundamental rights. The objectives of this essay are: i) to analyze the public defender’s intervention as custos vulnerabilis; ii) to examine the civil litigation neutrality discourse and the limitations to law’s transformation by Marc Galanter; iii) associating law and culture, to investigate whether the referred intervention modality has the aptitude to promote social change, analyzing its theoretical basis of legitimation. The conclusions show that: i) the public defender office’s intervention as custos vulnerabilis is interpreted from art. 134 of Brazilian’s Constitution, to promote fundamental human rights; ii) the recognition of this interventional modality by jurisprudence reveals the Brazilian society’s cultural transformation and of process itself; iii) this interventional modality’s consolidation may contribute to a paradigm shift in Brazilian civil process, making it more inclusive and fairer.
