O papel da defensoria pública no concretização do devido processo penal

Abstract

The review points legal foundations of the due process of law guarantee, in its application in criminal proceedings, emphasizing the participation of the Public Defender's Service in their enforcement. It discusses the origins and evolution of the due process of law clause, beyond the rights contained under that name, as applied to criminal cases. The text stresses the importance of the Public Defender, an essential organ to the exercise of State's jurisdictional functions, which is responsible for full legal assistance to the needy, implementing access to Justice. It also analyzes the most important legal rules that organize the institution in Brazil and reflects on the performance of the Public Defender Service in criminal proceedings. The research considers the particular role of the organ in that area, pointing the importance of the Public Defender in the implementation of criminal due process, as a measure to perform material equality.