The Portuguese

Abstract

The article analyzes the hypotheses provided in the legislation for qualified assistance to victims by the Public Defender's Office, especially considering the possibility of public defenders filing private criminal actions. According to doctrine, the hypotheses for qualified victim assistance in the Maria da Penha Law (Law No. 11,340/2006) and the Anti-Racism Law (Law No. 7,716/1989) are distinct from the assistance of the accuser provided for in the Criminal Procedure Code, due to the undeniable teleological and procedural distinctions. Furthermore, the Supreme Federal Court teaches that the public defender has the power-duty to file private or subsidiary private criminal actions requested by the victims, when applicable, in accordance with the understanding established in ADI No. 576/RS. This function assumes particular importance in cases where victims are entitled to qualified legal assistance, whose interests may not align with traditional bodies of criminal prosecution. However, the Public Defender's Office cannot be turned into an instrument to expand the punitive power of the State, which is why this attribution of the Public Defender's Office must be exceptional and based on sufficient just cause for initiating the action. In the judgment of ADI No. 4346/MG, the Supreme Federal Court ruled that it is unconstitutional to attribute to the Public Defender's Office the prerogative to request the instigation of a police investigation. However, the Court does not delve into the discussion about the tools that should be used by the public defender to fulfill their power-duty, highlighting the need for further maturity on the subject.