PRECEDENTES VINCULANTES, POLÍTICAS PÚBLICAS, DEFENSORIA PÚBLICA E DEMOCRACIA: UMA SIMBIOSE NA DEFESA DOS DIREITOS DOS VULNERÁVEIS

Abstract

This article aims to analyze the issue of binding precedents as a way of effectiveness and guarantee of fundamental rights, becoming an important legal instrument for the realization of social justice, substantial isonomy and isonomy as recognition. The Judiciary is an agent of social, cultural and educational transformation in favor of a continuous evolution of the Democratic State of Law and of a greater and more connected integration of the different political, economical and social actors, in order to ensure a fairer society that respects heterogeneity. The Public Defender's Office is the guarantor of the most basic human right, the access to justice, acting for the realization of fundamental and human rights and for the enforcement and consolidation of democracy. It has an absolute value for the achievement of the objectives of the Federative Republic of Brazil, given its extrajudicial and judicial actions, as well as its attribution as guardian of the vulnerable. It is a permanent, combative, and essential institution in the search for balance among the postulants and for respect for the guarantees and the fundamental existential and procedural rights of the "invisible". Its existence is indispensable in a State of Law that adopts a democratic regime of government. The methodology used is legal and philosophical bibliographical research, data and historical event analysis, as well as the examination of legislation and judicial decisions from the highest Court in the country, from the Superior Court of Justice and from appellate courts.