A assessoria jurídica popular como instrumento de emancipação e efetivação de direitos fundamentais em comunidades periféricas

Abstract

This research was developed in order to analyze the role of popular legal services as instruments for the realization of fundamental rights, with a focus on peripheral societies. For that, the contextualization of the topic was carried out in the critical theory of law, the theoretical environment in which popular legal advice fits, as well as a review of the related literature. We used a methodology with a sociological and juridical approach, using critical theoretical frameworks such as Antônio Carlos Wolkmer, Boaventura de Sousa Santos and Joaquim Herrera Flores. It was based on the assumption that the law must be attentive to social reality, seeking as an end the emancipation of the subject. With the aim of introducing fundamental rights, the work brought traditional concepts and authors on the subject, trying to make a critical re-reading on these subjects so debated by the doctrine and jurisprudence. In the particular of the dignity of the human person, the intention was to go beyond the traditional concepts; the same was done with the existential minimum, considering that this should be a starting point and never a point of arrival, because it is necessary to move forward, seeking rights that are outside the traditional core presented by the doctrine, especially the one headed by Ana Paula de Barcellos. A much debated question is in the scope of access to justice, and Boaventura de Sousa Santos, whose work For a Democratic Revolution of Justice brings an important north to the theme: we must go beyond the eminently formal access, pursuing the material meaning of access , in search of the social emancipation of the subject, better way to integrate subjects living on the margins of society. Finally, popular legal advice was addressed in more depth, identifying its formation, difficulties in its course, its perspectives and how it can contribute to social emancipation and the realization of fundamental rights in peripheral societies. The terms that make up the title were chosen because they represent aspects worked through the text, especially the emancipation, the fundamental rights and the peripheral communities. This last expression was represented by the economic periphery, by individuals who live in conditions of financial hypersufficiency and, ordinarily, are not recognized as an integral part of Brazilian society. They live, therefore, in parallel communities. The geographic cut was the Brazilian Northeast, with a deepening of the study on three popular legal advisors that work there: CAJUP-SITIÁ, Faculdade Rainha do Sertão in Quixadá, a municipality located in the interior of Ceará; the Mandacaru Flower, linked to the Federal University of Paraíba - UFPB; and the extension nucleus NEAJUP, linked to the State University of Alagoas. The legal advisory bodies analyzed have in common the fact that they are university students, which will make it possible to verify the existence or not of a standard between the works carried out and the comparison between the paths covered by them.