Penal enforcement and custos vulnerabilis

the importance of public defender initiatives in safeguarding rights in prison

Abstract

This study aims to analyze how the Public Defender’s Office, within the context of criminal sentence execution, can act to ensure the dignified enforcement of sentences while safeguarding the fundamental rights of incarcerated individuals. To deepen the analysis, the experience of the Public Defender’s Office of Rio Grande do Norte was selected through the “Portas Abertas” Project, implemented in the Alcaçuz Prison Complex. In this context, the specific objectives of the research focus on demonstrating the Public Defender’s Office as an essential instrument for promoting and protecting the fundamental rights of vulnerable individuals, as well as examining how the institution provides legal assistance during sentence execution, assuming the role of an execution authority and custos vulnerabilis, and how the “Portas Abertas” Project can serve as a model for other Public Defender offices, strengthening the fulfillment of their constitutional mission. To achieve these objectives, a qualitative approach with exploratory and descriptive character was adopted, with bibliographic research as the main technical procedure. The study concludes that initiatives such as the “Portas Abertas” Project constitute effective strategies to address violations of fundamental rights in the criminal execution system, establishing the Public Defender’s Office as a key actor in ensuring the dignified enforcement of sentences