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The Public Defender’s office and the recognition of differences: potentialities and challenges of its institutional practices in São Paulo

ABSTRACT

This essay intends to investigate the role of the Public Defender’s Office in promoting the recognition of difference. The normative context for the protection of stigmatized groups and a proposal for the characterization of these groups in accordance with Nancy Fraser’s theory will be presented. Subsequently, the challenges and Public Defender’s Office institutional practices that may be favorable to the recognition of differences such as Specialized Centers Offices, affirmative action, data production and the means for public participation will be analyzed. Based on this analysis, it will be possible to raise the hypothesis that although the aim of the Public Defender’s Office is to work for those who lack sufficient financial resources, the non-recognition creates obstacles to the access of justice and to participatory parity that must be overcome by the institution. There are many challenges to be faced in order to have the recognition of difference in the Public Defender’s Office institutional practices. An in-deep reflection over this subject is mandatory. The main objective of this article is to instigate it.

Public Defender’s Office; recognition; participatory parity; stigmatized social groups; access to justice; institutional practices

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