Financing legal aid systems: The experience of the Brazilian Office of Public Defenders
André Luís Machado de Castro
Public Defender in the State of Rio de Janeiro/Brazil
Director of International Relations,
Nacional Association of Public Defenders
Master in Civil Law from
University of the State of Rio de Janeiro – UERJ
ABSTRACT: The UN Principles and Guidelines represent a huge breakthrough in ensuring the right to legal aid. In Brazil, the Office of Public Defenders is the state institution mandated with the obligation to provide judicial and extra-judicial, individual and collective legal assistance to those who cannot afford to retain an attorney, in all fields of law. The 1988 Constitution mandates the establishment of an Office of Public Defenders with administrative and financial autonomy in all States. Research studies reveal that the cost-effectiveness of public defenders largely outweighs that of retaining private attorneys. Recent decisions of the Supreme Court and Constitutional Amendments approved by the National Congress have strengthened the Offices of Public Defenders. Also, the OAS resolutions on Legal Aid and Public Defenders have been important instruments for the expansion of the public model of legal assistance in Latin American countries.