A participação social na Defensoria Pública da Uniãoo processo de eleição da Defensoria Nacional de Direitos Humanos

Resumo

Purpose: This study analyzes the perception of the representatives appointed by civil society organizations regarding social participation in the selection process for the position of National Human Rights Defender (DNDH) within the Federal Public Defender's Office (DPU). Methodology: This is a qualitative research study based on semi-structured interviews, employing content analysis through thematic analysis, combined with documentary analysis. A total of 11 (eleven) interviews were conducted, including 10 (ten) with qualified representatives and 1 (one) with a civil society representative. Findings: The provision of a public hearings and the formation of a six-person shortlist in the DNDH election process by civil society represents an innovative form of social participation in the justice system. However, the democratic opening loses significance in the actual appointment of the DNDH due to subsequent stages of the selection process, namely, the formation of a three-candidate shortlist by the Superior Council of the Federal Public Defender’s Office (CSDPU) and the final selection by the Federal Public Defender-General (DPGF). Furthermore, there is no permanent institutional space for civil society to monitor the DNDH's mandate, making engagement dependent on the profile and willingness of the DNDH holder. On the other hand, if properly managed during the term, this participatory space can serve as a means of access to justice and contribute to the democratization of the justice system. Research Limitations: The interview script was adjusted after the initial interviews, with the removal of four questions and the addition of one. Some interviewees initially understood that the interview was related to the election of civil society organizations and social movements for the CNDH, which was ongoing at the time. However, during the interviews, this misunderstanding was clarified, allowing participants to express themselves appropriately on the research topic. Civil society entities that did not apply for qualification in the DNDH election process in 2023 were not interviewed. Practical Implications: This study contributes to discussions in the field of Public Administration regarding the gap in access to justice as a public service and the mechanisms for democratizing the justice system by examining a specific case. It also offers administrative recommendations for improving social participation in the DNDH, aiming to establish an effective space for reciprocal exchanges between the institution and civil society, thereby expanding access to justice. Social Implications: This research supports the expansion of participatory spaces within institutions that make up the justice system, fostering social participation and oversight to promote access to justice. Originality: This is the first academic study in the field of Public Administration to examine the social participation mechanism established by Resolution CSDPU No. 183/2021 in the DNDH election process and its implications for access to justice and the democratization of the justice system.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/36895

Temas

Gestão PúblicaAdministração Pública

Palavras-chave

Organização judiciáriaParticipação socialAcesso à justiçaDefensorias públicasSocial participationJustice systemPublic defender's officeAccess to justiceAdministração pública