CAT/OP/BRA/2/Add.1
Defender Service include provision of legal guidance; defence of the needy, at every level;
and intervening in police, prison, and juvenile correctional facilities, with a view to
ensuring that everyone, under the circumstances, can fully exercise their fundamental rights
and freedoms.
157. In light of the Brazilian federative structure, it is important to distinguish the various
components of the Public Defender Service. Under Complementary Act No. 80 of 1994,
which sets forth general rules for the institution, the Brazilian Public Defender Service is
divided into the Federal Public Defender Service, the Public Defender Service for the
Federal District and Territories and the state public defender services. These services are
independent of each other, each with its own sphere of activity, and the state level is not
subordinate to the federal level.
158. While the Federal Public Defender Service provides legal aid at the federal level, the
state public defender services and the Public Defender Service for the Federal District
provide legal aid at the state level and work with the state justice system. A state public
defender service is required, for example, to work with the prison system and the socioeducational system.
159. With respect to the list of recommendations by the Subcommittee on Prevention of
Torture,24 it should be noted that state public defender services now exist in every state of
Brazil. In most federal entities, such services were already well established and the states
that previously did not offer such services are in the final stages of introducing them.25
160. The Brazilian Public Defender Service, defined in the Brazilian Federal Constitution
as an institution essential to guaranteeing access to justice for those most in need, is now
24
25
“The SPT recommends that public defenders offices be granted autonomy and that they be provided
with enough financial and material resources so as to enable them to offer adequate legal defence to
all persons deprived of their liberty. The SPT further recommends that the State party expedites the
creation and effective implementation of a public defence system in those states that do not yet have
one.” (CAT/OP/BRA/1, para. 26).
Goiás: The Goiás State Public Defender Service was established under State Complementary Act No.
51 of 19 April 2005, which initially created 130 posts of state public defender. It was not set up,
however, until June 2011 when the State Governor appointed the first Chief Public Defender. Under
this Act, the Public Defender Service replaced the Legal Aid Office, which was part of the State
Counsel-General’s Office and had always been responsible for legal aid for those in need. The Public
Defender Service now employs 135 people and provides assistance through lawyers working in the
areas of civil and criminal law, sentence enforcement, human rights, and the rights of women,
children, young people and consumers. The first public examination for 40 public defender positions
is now being finalized.
Paraná: State Complementary Act No. 136 of 19 March 2011 establishes the Organic Act on the
Public Defender Service in the State of Paraná, which created 582 state public defender positions. A
public examination for 197 positions was held in 2012, with 87 candidates passing and places being
filled in Curitiba, Londrina, Maringá, Ponta Grossa, Castro, Foz do Iguaçu, Cascavel, Guarapuava,
Irati, Santo Antônio da Platina, Umuarama, Pato Branco and Campo Mourão. Public examinations for
the 110 spots that were not filled during the first round of examinations are scheduled for this year.
Santa Catarina: State Complementary Act No. 575 of 2012 provided for the creation of the Public
Defender Service in the State of Santa Catarina. In 2012, the first public examinations, for 60 public
defender positions, and 90 staff positions, were held. Fifty-six public defenders have already taken up
their posts and are now working in 15 cities.
São Paulo: In São Paulo, State Complementary Act No. 988 of 9 January 2006 created the state
Public Defender Service and introduced a legal framework for the profession of state public defender.
Public examinations have since been held and there are now 610 public defenders in the state of São
Paulo, working in 41 different cities.
34
GE.14-42059
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