THE ROLE OF THE PUBLIC DEFENDER'S OFFICE AS A MECHANISM FOR PROMOTING ACCESS TO JUSTICE FOR VULNERABILIZED POPULATIONS

Abstract

The article analyzes the Public Defender’s Office as an essential instrument for ensuring access to justice for vulnerabilized populations in Brazil, highlighting its relevance within the Democratic Rule of Law and its constitutional legitimacy. It argues that access to justice is not merely a formal right but a precondition for guaranteeing all other fundamental rights. The article provides a historical contextualization of access to justice and presents the Public Defender’s Office as the materialization of the State’s active role in promoting social rights, being responsible for providing comprehensive and free legal assistance to individuals in situations of vulnerability—a concept that transcends the economic dimension to encompass social, organizational, and legal aspects. To this end, it explores the concept of *custos vulnerabilis*, which broadens the scope of the institution’s role, even in cases where economic deprivation is not present, to include diffuse, collective, and homogeneous interests. The study concludes that the Public Defender’s Office plays a transformative role in the Brazilian legal system by promoting inclusion, equity, and the realization of fundamental rights. Its role extends beyond mere legal representation, serving as an essential mechanism for democratizing access to justice and mitigating social inequalities, thereby establishing itself as a key institution in the defense of the most vulnerabilized populations.