Advocacia dativa na Comarca de Guarani das Missões – RS: do direito à política pública a fator de desenvolvimento

Abstract

The general objective of this study consist into analyze the exercise by attorneys appointed by the State for the economical hypo sufficient citizen in the Judicial District of Guarani das Missões - RS, located in the northwest region of the member state of Rio Grande do Sul in Brazil, and to investigate in what measure this craft can assure to the needy population the fundamental right to due process of law (access to the judiciary system) and as an essential mechanism for human e social development. To this end, the research goes through the concepts of public policies and development, with an emphasis on the human, and, beyond that, proposes to discuss the possibilities and limits of the political policy of attorneys appointed by the state as an instrument for the guarantee of the due process of law (in the concept of right to access the justice system) and as a development factor. It starts, initially, with the characterization of public policies and the study of the theory of human development formulated by Amartya Sen, applying it, in the end, to the legal field, especially with regard to the realization of the right to access to justice through of the appointed lawyers by the state and the consequent increase in the individual freedoms. The combination of theses and data collected directly from public bodies and offices reflects the implementation by the state of its duty to promote social well-being, a basic principle of the Welfare state, which ultimately seeks to respect human dignity. In the Judicial District studied, attorneys paid by the state proved to be essential for the development of the community, while serving the most diverse legal matters for a large number of individuals, despite its economic, technical and informative limitations.