THE FORMS OF ADMINISTRATIVE ORGANIZATION IN BRAZIL AND PORTUGAL FOR THE PROVISION OF FREE LEGAL ASSISTANCE: COMPARED ANALYSIS

Abstract

The present work analyzes in a comparative way that Brazil and Portugal organize themselves to
guarantee accessibility to the Judiciary for people in a poor economic situation. There are several
problems in effectiveness of the right of access to justice in both countries, making specific
organizational structures necessary to enable the effective exercise of this right. In Brazil, full and
free legal assistance to low-income individuals is a fundamental right and guarantee to citizens, as
inserted in art. 5 of the Constitution of the Republic, in item LXXIV. This assistance is imposed on the
Union, the States and the Federal District through the Public Defender's Office, determining that it be
installed throughout the country, in accordance with the complementary law No. 132/2009, provided
for in the sole paragraph of art.134. Lawyers are recruited by competitive examination and integrated
into careers with a professional relationship with the State Public Defenders or the Public Defender
of the Union. In Portugal, a system of private and liberal legal aid is adopted where independent
professionals, appointed by the entity representing them, in this case, provide the Bar Association
legal defense. This model is financed by the State and by the beneficiaries when they show that they
have some economic assets.