A defensoria pública como órgão da execução penal : análise de sua inserção na complexidade sistêmica da questão penitenciária

Abstract

Recognizing that the Penitentiary issue is manifested by complexity, with the participation of administrative organs, judicial, legislative, political and state sectors of governance and others, it approaches one of this dimension, that is the meeting of the social security rights perspectives and the Justice access in the state promotional expectations. It analyzed the inclusion of the Public Defender in this complex situation, as an organ of criminal enforcement (as amended by Law No. 7,210 / 84, produced by Law No. 12,313 / 10), with the responsibility to provide legal assistance to prisoners, graduates and their families. Using as theorical perspectives of the complex paradigm, Edgar Morin, analyzed this new reality from the point of view of public defenders, starting two working hypotheses: a) giving to Defender the condition of an organ of penal execution, the State aimed to strengthen the mechanisms for access to justice for the prisoners; b) the entry of the institution on the systemic complexity, this new condition, became necessary giving rise to some potential action for the organ, but also inhibiting others. Methodological research approaches the case study strategies; in the data analysis, it worked from the discursive textual analysis. The study showed that the inclusion of the Public Defender in the complex system of the criminal enforcement is a reality that has raised episodes of disorder and reorganization, which have culminated in the strengthening of the institution, but at the same time, some actions taken to broaden the access to justice may be limiting that right, because of the effect of the socio-ecological action principle.