Acesso à assistência jurídica gratuita em Araguaína-TO: a Defensoria Pública enquanto instrumento de combate a negação das liberdades em Amartya Sen

Abstract

The Senian theory of capabilities, brings an approach to development based on the expansion of human freedoms and capabilities. The present work, backed by this theory, had as its object of study the Senian capacities / freedoms by researching the demands presented to the Public Defender of the State of Tocantins (DPETO), in the city of Araguaína-TO, in the northern region, and had as general objective to investigate the demands presented to DPETO, and in the specific objectives, a reflection was made on the role provided by the Public Defender's Office as an instrument for effecting public policies, and as a means that enables the identification of freedom restrictions, and allows users to discuss them. , carried out a mapping of the profile of users who resort to DPETO and the geographic distribution of these users in the municipality of Araguaína-TO, and identified which freedoms were being denied to these users. The State Public Defender's Office was established in Araguaína in 1990, and its constitutional purpose is to provide full and free legal assistance to the underprivileged, and it must be dispersed in society. Between 2015 and 2018, the Public Defender's Office provided 71.671 thousand services to people residing in the city of Araguaína, this high number of services is the result of a scenario of exclusions and inequalities, because despite the city being considered as the “economic capital of State ”lives with elementary problems and many social conflicts resulting from an accelerated urbanization process. The Free and Comprehensive Legal Assistance service competes to guarantee access to justice, which stems from two important constitutional commands, the right to democracy and the right to equality, and was created by the constituent legislator as an instrument of social change. This study is exploratory and descriptive and its operational methodology is bibliographic, documentary, quantitative, statistical, and survey research. This study revealed that the profile of users of the Public Defender's Office of the State of Tocantins, in the municipality of Araguaína-TO, is made up of people who have a family income of up to 2 minimum wages, with a low level of education, most of whom are brown (74,65%); Among the 49 types of demands, those that appear most frequently are: food, divorces, Public Treasury and Public Registry, criminal / JECrim, guidelines, civil and consumer actions, custody and regulation of visits, paternity investigation, domestic violence and family right. The study allowed an understanding of the various socio-spatial conjectures, and how the under-dependent people are acting as participatory agents, using public instruments to modify their present. Some of these rights refer to the substantive freedoms discussed and defended by Amartya Sen.