Legitimidade ativa da defensoria pública no ajuizamento da ação civil pública

Abstract

This study aims to demonstrate the constitutionality of Art. 5, section II, of Law 7.347 / 85, as amended by Law 11.448 / 07, giving legitimacy to the Public Defender active in filing of Public Civil Action. To do so, will be addressing the evolution and importance of this institution in our democratic state and its role as guarantor of fair and equal access to justice. After the collective rights in a broad sense will address up, explaining its historical evolution, its classification and the means ourselves to safeguarding them, through collective action, especially public civil action. Finally, an explanation of the defense of the rights of the needy in a community basis, about the performance of the Public Defender in defense of these rights, granting him an interpretation according to the Constitution shall be made, in addition to justify the constitutionality of that amendment by application of the Theory of Implied Powers, also demonstrating that nonexistent affront to the powers of the Public prosecutor's Office of advocacy inclusion in the list of assets standing to the filing of the aforementioned action, not limited to this only acting in defense of the needy. The methodology used in the preparation of this term of completion was based essentially on bibliographical, documentary, legislative and jurisprudential research.