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O Gabinete do Defensor Público no Brasil é uma instituição constitucional com autonomia administrativa e funcional, dedicada a fornecer defesa jurídica gratuita para cidadãos economicamente desfavorecidos. Estabelecido na Constitution[2] Federal, opera como um órgão público independente e essencial que promove os human rights[1]. Após reformas constitucionais, o gabinete ganhou autonomia aprimorada, não estando mais subordinado ao Executive branch[3]. Regulado pela Law[4] Complementar 80 de 1994 e posteriormente modificado pela Lei Complementar 132 de 2009, funciona nos níveis federal e estadual. Cada state[5], como Minas Gerais, possui legislação específica que define a competência e a estrutura dos Defensores Públicos. Seu mandato principal é assegurar o acesso à defesa jurídica, proteger os direitos dos cidadãos e fornecer apoio jurídico abrangente àqueles que não podem pagar por representação jurídica privada.
Terms definitions
1. ↑ human rights. Human rights are fundamental freedoms and protections inherent to all human beings, regardless of race, gender, nationality or status. Rooted in the philosophical traditions of natural rights and social contract theories, they encompass civil, political, economic, social and cultural dimensions. The modern model of human rights emerged after the Second World War, with the UN Universal Declaration of Human Rights serving as its cornerstone. International and regional systems such as the European Convention on Human Rights and the Inter-American Commission have developed mechanisms to monitor and enforce these rights. Key organisations such as Amnesty International and Human Rights Watch advocate globally for human dignity. Contemporary challenges include addressing ongoing violations, balancing universal principles with cultural contexts and confronting emerging issues such as digital rights and environmental protections. The field continues to evolve, reflecting complex global dynamics of justice, equality and human dignity.
2. ↑ Constitution ( Constitution ) Constitutions are fundamental legal documents that define government structures, rights and principles. They can be rigid or flexible, existing at national, regional or local levels, and are created by a sovereign constituent power. Constitutional reforms are typically carried out by a derived constituent power with specific limitations. Key features include protecting fundamental rights, establishing state mechanisms and maintaining legal supremacy. Control mechanisms ensure constitutional compliance through diffuse and concentrated review processes. Most democratic constitutions are developed through constituent assemblies and include provisions that protect core normative elements. International influences, particularly from the American and French revolutions, have shaped modern constitutional theory. Notably, some constitutions such as India's are extensively detailed, with hundreds of articles and amendments. The principle of constitutional unity emphasises the harmonious interpretation of legal principles, resolving potential conflicts through balanced approaches.
3. ↑ Executive branch ( Executive Power ) The executive branch is a fundamental component of democratic governance, responsible for the day-to-day administration of the state. In presidential systems, the president serves simultaneously as head of state, head of government and leader of the public administration, typically elected directly by citizens. Parliamentary systems differ, with executive power depending on parliamentary support and often featuring separate roles for head of state and head of government. The concept of executive power stems from the principle of the separation of powers, first conceptualised by Aristotle and developed by Montesquieu, aimed at distributing authority and preventing the concentration of power. The organisational structure varies between systems, but the fundamental responsibilities include enforcing the laws passed by the legislature and implementing judicial interpretations. Historically, this division emerged prominently during the French Revolution, contrasting with previous systems where power was centralised in a single individual.
4. ↑ Law ( Law ) The law has evolved through complex historical stages, from ancient Egyptian and Sumerian codes to sophisticated Roman legal systems. Ancient civilisations developed organised legal structures, with significant innovations emerging in Greece and Rome. Roman law, strongly influenced by Greek philosophy, was systematically codified and subsequently rediscovered in the 11th century, forming the basis for continental European legal systems. During the Middle Ages, custom and case law replaced rigid Roman codes, with the English royal courts developing common law precedents. Modern legal systems emerged with influential codifications such as the Napoleonic and German civil codes, demonstrating increasing standardisation. Throughout history, law has been closely connected to the development of civilisation, continually adapting to changing social contexts and reflecting national identities through philosophical, cultural and professional influences.
5. ↑ state. A state is a sovereign entity with defined territorial limits, a population and autonomous governance. Originating from the Latin word "status", it emerged from the decline of feudalism and was formally recognised in the Peace of Westphalia of 1648. States exercise sovereign authority through institutions that make and enforce laws, manage economic affairs and provide public services. They can be structured as unitary or federal systems, monarchies or republics, each with distinct organisational characteristics. The main functions include maintaining security, collecting taxes, providing public goods and representing national interests internationally. The concept of the state has been significantly influenced by political philosophers such as Hobbes and Locke and shaped by historical events such as the French Revolution. Its evolution continues in response to global challenges and changing socio-political dynamics.
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