THE LEGITIMITY OF THE PUBLIC DEFENDER'S OFFICE TO ENTER INTO AGREEMENTS FOR GROUPS OF PEOPLE IN A SITUATION OF VULNERABILITY INVOLVED IN COLLECTIVE CONFLICTS

Abstract

The present work has as its theme to investigate the legitimacy of the Public Defender's Office to conclude agreements in favor of groups of people in situations of vulnerability involved in collective conflicts. In turn, following the increase in legal relations and the nature that conflicts have assumed today, it cannot be forgotten that the adequate resolution involves the creativity of the participants mutually committed to the construction of a fair and effective solution to meet the interests of all involved. Research was carried out in the specialized bibliography on the subject under analysis, in addition to the selected jurisprudence of the Superior Court of Justice and the Federal Supreme Court. In the end, it is concluded that the Public Defender's Office has the legitimacy to file public civil actions in favor of defending the collective rights of groups of people in situations of vulnerability, regardless of prior proof of the poverty situation of those involved, even when the collective conflict involve diffuse, collective rights in the strict sense or homogeneous individual rights, which is why, in such situations, it also has the inherent legitimacy to enter into agreements in favor of groups of people in situations of vulnerability, notably because the extrajudicial action of the Public Defender's Office must be promoted as a priority in the search for an adequate solution to conflicts.