presented by

CLEBER FRANCISCO ALVES - Professor at

UCP - Catholic University of Petrópolis and

UFF- Fluminense Federal University

Public Defender (in a Civil Court,

Petrópolis – Rio de Janeiro -Brazil)

The role of the Office of Public Defenders in

Human Rights Education

The World’s movement of Access to

Justice proposed the superseding of

anachronistic models of legal aid

services for the poor, stating that:

A) Legal Aid is a right not charity;

B) It is not enough to guarantee a

“right to counsel”: the goal is to

ensure that everyone is fully able to

exercise his/her citizenship rights.

The models through which today’s

societies organise legal aid services

(i. e. JUDICARE / STAFF) present

POTENTIALITIES and LIMITATIONS.

Brazil adopts its own model: the right

to legal aid is recognised by the

National Constitution which provided

for a government body mandated with

this obligation: the OPD

In Brazil, the OFFICE OF PUBLIC

DEFENDERS – OPD – plays a

major role in delivering legal aid:

unlike most countries, Brazilian

OPD is not limited to criminal

lawsuits (about 70% of all cases

under the responsibility of OPD

are family and civil cases).

Brazilian OPD has been assuming

a new profile, chiefly in the last

decade, due to institutional and

legislative reforms.

Complementary Law 132/2009

expressly mandates the

“promotion, diffusion and

awareness of human rights and

citizenship rights”

Article 1 (of Law 132/2009) says: The

OPD - Office of Public Defenders is a

permanent agency, essential to the judicial

function of the State, authorized, as an

expression and instrument of the democratic

regime, to provide legal advice, promote

human rights and defend at all levels, through

litigation or alternative dispute resolution

means, the individual and collective rights of

all needy, in a comprehensive manner and

free of charge [...].

In order to achieve these goals, it is not enough to provide legal representation in a lawsuit, neither does it suffice to provide legal advice and information regarding specific issues that poor people have to face up to.

It is indispensable to implement a strategic perspective with a view to providing LEGAL EDUCATION

Some successful experiences that

have been conducted in Brazil, by

the OPD, in the last few years:

A) Courses providing basic legal

education for lay people from the

lower social classes ( i. e. “cursos

para defensores populares”)

aimed at community leaders

(especially in “favelas”)

B) Institutional campaigns through

the media, focusing on specific

issues such as the right to

housing, childhood–youth and

violence victims’ protection,

environment protection etc.

C) Lectures and workshops

conducted by PD in neighbourhood

and community associations or

organisations, religious bodies etc.

To be able to accomplish these duties, OPD has to be aware of methodological questions such as:

a) every educational project in Human Rights should be developed from a “horizontal” , informal perspective.

b) a change in the PD’s attitude is needed (educate through example in everyday life!)

c) Excessive formality must be

avoided and legal jargon ought to

be simplified.

d) Defenders should remain

neutral regarding their own beliefs

(the ultimate objective is to

empower individuals to develop

their own conception /awareness

about their human rights!)

e) the creation of specific

structures and departments in

OPD’s organisations is essential to

ensure that the entire agency is

strategically involved in the

development, implementation and

monitoring of public policies in this

field.

f) partnerships with other agencies

are welcome.

THANKS for your

attention!

calves@compuland.com.br