Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy

NOTE to the Mining Society, Popular Movements and Organizations and MANIFESTO for the creation of the External Ombudsman's Office of the Public Defender's Office of the State of Minas Gerais.

September 18th, 2018

Source: CPT / MG

GILVANDER LUIS MOREIRA

Meeting of Popular Movements and RENAP with the General Public Defender of the DPE / MG Gério Patrocínio Andrade, on 13 / 9 / 2018. Photo: Larissa Pirchner.

Meeting of Popular Movements and RENAP with the General Public Defender of the DPE / MG Gério Patrocínio Andrade, on 13 / 9 / 2018. Photo: Larissa Pirchner.

On 13 September 2018, from 9h00 to 11h00, a committee representing the Popular Advocacy of the State of MG, Movements and Popular Organizations delivered to the General Public Defender, Doctor Gério Patrocínio Andrade, a Manifesto for the creation of the General External Ombudsman of the Public Defender of the State of Minas Gerais, with the signature of more than 40 Popular Movements and Organizations. This initiative resulted from a series of agendas that these organizations and movements have been building with the objective of ensuring the Creation of the Ombudsman's Ombudsman's External Ombudsman's Office. One of these agendas took place in May 2018 with the participation of the National College of External Ombudsmen. Public Defenders of several Brazilian states, when it brought together dozens of popular movements and organizations and whose manifesto was one of their referrals.

The creation of the External Ombudsman is foreseen in both the 80 Federal Complementary Law, 1994, and the 65 Complementary Law that organizes the Minas Gerais State Public Defender's Office, as well as the recent 2003 Federal Law No. 13.460, which “provides for participation, protection and defense of the rights of users of public services in public administration.

During the meeting, the General Public Defender, Dr. Gério Patrocínio Andrade, undertook to undertake efforts to start building the Ombudsman's External Ombudsman, informing that such forecast is in the Strategic Planning of the Public Defender of Minas Gerais for the 2018 years. -2023. The other Public Defenders present at the meeting expressed support and willingness to continue supporting the construction of the Ombudsman.

Among the requests presented by the commission, in the Protocol Manifesto, is the creation of a commission or working group, with the participation of public defenders, representatives of the movements, popular organizations and popular advocacy, to start the work by building the listener this year for 2018, a proposal that was well received.

Sign this Public Note:

ARTICULATION OF MOVEMENTS AND POPULAR ORGANIZATIONS BY THE CREATION OF THE EXTERNAL GENERAL OMBUDSMAN OF THE PUBLIC DEFENSORY OF THE STATE OF MINAS GENERAL

For the effectiveness of the External Ombudsman of the Public Defender's Office of the State of Minas Gerais,

Belo Horizonte, September 13 of 2018.

= = = = = = = = =

MANIFESTO / REQUEST FOR SOCIAL MOVEMENTS AND POPULAR ORGANIZATIONS OF THE CIVIL SOCIETY FOR THE CREATION OF THE EXTERNAL OMBUDSMAN OF THE PUBLIC DEFENSORY OF THE STATE OF MINAS GENERAL.

Meeting of Popular Movements and RENAP with the General Public Defender of DPE / MG Gério Patrocínio Andrade to demand installation of General External Ombudsman of DPE / MG, on 13 / 9 / 2018. Photo: Larissa Pirchner.

Meeting of Popular Movements and RENAP with the General Public Defender of DPE / MG Gério Patrocínio Andrade to demand installation of General External Ombudsman of DPE / MG, on 13 / 9 / 2018. Photo: Larissa Pirchner.

TO THE GENERAL PUBLIC DEFENDER OF THE PUBLIC DEFENDER OF THE STATE OF MINAS GENERAL - DOCTOR GÉRIO PATROCÍNIO SOARES

Dear General Public Defender, Dr. Gério Soares,

We, Popular Social Movements, Organizations and Entities committed to the principles and attributions of the Public Defender's Office, representatives of several Civil Society Collectives fighting for access to rights and the Justice System, after several meetings on the theme of the creation of the Ombudsman's Office. Outside of the Public Defender's Office of Minas Gerais (DPE / MG), we held, on the night of May 07, 2018, in Belo Horizonte, in the formation space of the Carolina Maria de Jesus Occupation, located at Avenida Afonso Pena, 2.300, with the Participation of the National Council of Ombudsmen and Ombudsmen of the State Public Defenders, large Assembly to deliberate on the creation of the DPE / MG External Ombudsman and our role as an organized civil society in this process.

The purpose of the Assembly was to hear popular social movements and organizations about their relations with the DPE / MG and, precisely, about the creation of the External Ombudsman. The adhesion and representativeness of civil society was great, which attended the Assembly and expressed interest in this construction. We realize that the theme of the Ombudsman's external ombudsman's office is something important for everyone and that brings together various agendas and representations of the countryside and the city, because they were present and want to continue in this process, popular movements and urban and rural entities.

The Assembly was also a demonstration of how important and indispensable the DPE / MG is to the injured population of the state of Minas Gerais and how important it is to be strengthened in every way, guaranteeing the Defensoria more autonomy and conditions to attend with quality. all the population and collectives that depend on it. The number of people who need access to the Public Defender's Office is very large in the state and tends to grow in the face of so many violations and setbacks of rights that are suffering the poor Brazilian people. In this sense, we need a strong Public Defender's Office, with a large number of public defenders to accompany the various demands and conflicts around urban, socio-environmental, rural, women's, LGBT, black, incarcerated, traditional and other oppressed groups in our society.

From the promulgation of the Brazilian Constitution of 1988 to the last years, in terms of legislation, the defender has gone through processes of recognition and there is no doubt about its important role as an indispensable institution for access to justice, with the other institutions. Justice System such as the Public Prosecution Service, the Judiciary and the popular advocacy itself. However, despite legal recognition, there is still little investment in this institution, especially with a very limited number of defenders who can meet all demands qualitatively and quantitatively. The Public Defender's Office is for us a fundamental right and therefore of full and immediate effectiveness. Therefore, we understand that the legal provisions need to be implemented, including the creation of the external ombudsman.

Although the State of Minas Gerais has a Public Defender for 42[1] is one of the few states in the federation that has not yet met the legal requirement to create an external ombudsman, behind other states in the federation such as Acre, Bahia, Ceará, Federal District, Maranhão, Mato Grosso, Pará, Paraíba, Paraná, Rio de Janeiro, Rio Grande do Sul and Sao Paulo.

80 Federal Complementary Law of 1994 states that:

Art. 105-A. The Ombudsman's Office is an auxiliary body of the State Public Defender's Office, promoting the quality of the services provided by the Institution.

Art. 105-B. The Ombudsman General shall be chosen by the High Council from among citizens of unblemished reputation, not members of the Career, indicated in a triple list formed by civil society, for a term of 2 (two) years, permitted 1 (one) renewal. As foreseen in the first paragraph of this article, the Superior Council of the State Defender's Office should edit the regulatory norms for the elaboration of the triple list.

The functions of the General Ombudsman were also defined by the 80 Complementary Law of 1994, in its article 105-C, if not:

Art. 105-C. The Ombudsman's Office is responsible for

I - receive and send to the Corregedor-General representation against members and servants of the Public Defender's Office, ensuring the preliminary defense;

II - propose to the superior administration bodies of the State Public Defender's Office measures and actions aimed at achieving the institutional principles and improving the services provided;

III - prepare and publish a semiannual report on its activities, which shall also contain the measures proposed to the competent bodies and the description of the results obtained.

IV - participate, with voice, in the Superior Council of the Public Defender's Office of the State

V - promote exchange activities with civil society;

VI - establish means of direct communication between the Public Defender's Office and society, to receive suggestions and complaints, adopting the pertinent measures and informing the result to the interested parties;

VII - contribute to the dissemination of forms of popular participation in monitoring and overseeing the provision of services performed by the Public Defender's Office;

VIII - maintain permanent contact with the various organs of the State Public Defender's Office, encouraging them to act in permanent harmony with the rights of users;

IX - coordinate the conduction of periodic surveys and produce statistics regarding the user satisfaction index, disseminating the results.

In the same sense is the state legislation, 65 Complementary Law of 2003 that organizes the Public Defender's Office of the State of Minas Gerais and its functions. In its article 6º, item V, point “a”. Said law states to be the general ombudsman, auxiliary organ of the Public Defender, and the regulation is contained in art. 40-D, Section I:

Section I

Of the Ombudsman General of the Public Defender's Office

Article 40-D - The Ombudsman's Office is an auxiliary body of the Public Defender's Office and its purpose is to promote the quality of the services provided by the institution.

Sole Paragraph - The General Ombudsman's Office will be staffed by the Public Defender's Office and its structure will be defined by the Superior Council, based on a proposal from the General Ombudsman, subject to the budgetary and personnel availability for its implementation.

Article 40-E - The Ombudsman-General shall be chosen by the Superior Council from among citizens of unblemished reputation, except for members of the Public Defender's Office and active or inactive members of the administrative staff, indicated on a triple list formed by civil society, for a term of office. two years, one renewal allowed.

  • 1º - The Superior Council will issue norms regulating the criteria and the form of elaboration of the triple list.
  • 2º - The nominations of candidates for the Ombudsman will fall on persons or representatives of entities notoriously committed to the principles and duties of the Public Defender's Office.
  • 3º - The appointment, for the position of Ombudsman, spouse, partner or relative in a straight line, collateral or affinity, up to the third degree, including the active or inactive members and servants of the Public Defender's Office is prohibited.
  • 4º - The Ombudsman-General shall be appointed by the Superior Council within fifteen days from the receipt of the three-time list, and appointed by the General Public Defender on the same term, as from the appointment by the Superior Council.
  • 5º - If the Superior Council does not make the appointment of the Ombudsman within 15 days of receiving the triple list, he will be considered automatically chosen for the exercise of the most voted mandate of the list.
  • 6º - If the Public Defender does not appoint the Ombudsman within 15 days of receiving the appointment made by the Superior Council, the candidate nominated by the Superior Council shall be vested in the position.
  • 7º - The position of Ombudsman General, to be created by specific law, will be exercised on an exclusive dedication basis and a weekly work time of forty hours, except for any other paid activity, except one of teaching.

Article 40-F - The Ombudsman's Office is responsible for:

I - receive and forward to the Corregedor-General representation against members and servants of the Public Defender's Office, assured to the represented the preliminary defense;

II - propose to the superior administrative bodies of the Public Defender's Office measures and actions aimed at improving the services rendered;

III - prepare and publish a semiannual report on its activities, which will also contain the measures proposed to the competent bodies and the description of the results obtained;

IV - participate, with voice, in the Superior Council of the Public Defender's Office;

V - promote exchange activities with civil society;

VI - establish means of direct communication between the Public Defender's Office and society, to receive suggestions and complaints, adopting the pertinent measures and informing the result to the interested parties;

VII - contribute to the dissemination of forms of popular participation in monitoring and overseeing the provision of services performed by the Public Defender's Office;

VIII - maintain contact with the various organs of the Public Defender's Office, encouraging them to act in tune with the rights of the assisted;

IX - coordinate the conduction of periodic surveys and produce statistics related to the satisfaction rate of the assisted, disseminating the results.

  • 1º - The representation referred to in item 1 of the caption may be presented by anyone, including the members and servants of the Public Defender's Office, by a public body or by a public or private entity.
  • 2º - The Ombudsman's Office will preserve, whenever requested, the confidentiality of the identity of the author of the representation, complaint or suggestion.

Art. 40-G - In the case of abuse of power, incompatible conduct and serious omission in the duties of office, the provisions of arts. 35 to 38 of this law.

Article 40-H - In the event of removal of the Ombudsman, the Board of Governors shall, within fifteen days, choose one of the last two members of the triple list to complement the mandate.

It is important to note that this is not the first time that the civil society of Minas Gerais, through the popular organizations, has manifested itself claiming the creation of the External Ombudsman of the Public Defender of Minas. In April of 2014, when the presidential veto threatened the PL 114 / 2011, which would realize the financial and administrative autonomy of the Public Defenders, ensured by the 45 Constitutional Amendment of 2004, popular movements and organizations set out to defend the Defender's Office and claimed to the federal government and the governor of Minas Gerais to strengthen the institution. In this sense, it is appropriate to collate an excerpt from the manifesto published at the time by the Association of Public Defenders of Minas Gerais (ADEP):

The Organic Law (LC 80 / 1994, as amended by LC 132 / 2009) requires the creation of External Ombudsmen in all state Public Defenders, but so far there are only external ombudsmen in seven states' defenders, including Ceará, Acre, Bahia, São Paulo and Rio Grande do Sul. The Ombudsman's Office, chosen from the three list proposed by the Popular Social Movements, is a very important channel for the performance of the functions of the Ombudsman and its valorization with society. In cities where there are no Public Defenders, the HDI is worse. In a city without a public defender, the spiral of violence increases, overcrowding the criminal area, overcrowding the prisons and burdening the Unified Health System. This is because many conflicts, if not resolved by mediation or conciliation or proposed lawsuits by defenders, end up in crimes that generate violence in a geometric progression. We are grateful and acknowledge the Herculean effort that almost all defenders make to welcome and competently try to access justice for the poor. Specifically, the Human Rights, Collective and Socioenvironmental sector of the Defensoria de MG has been doing essential work in the defense of urban occupations, homeless people, street artisans, popular marketers, quilombolas, victims of police violence and conflicts. butchered by miners but are still insufficient. We consider that it must be an absolute priority to expand the number of human rights defenders with defenders who are truly dedicated to working in the defense of human rights. Finally, without the strengthening, autonomy and empowerment of the Public Defender, - that is, in practice, sharing and socializing power - there will be no access to justice for all, no democracy, no democratic rule of law. For the above, we claim from the Governor of Minas Gerais: (…) 3. Urgent creation of the External Ombudsman of the Public Defender's Office of the state of MG; (…)[2]

In addition, the 13.460 Federal Law No. 2017 has recently been promulgated, which “provides for the participation, protection and defense of the rights of users of public administration public services”. Chapter IV provides for provisions on ombudsman offices, including their attributions. specific, premises for the fulfillment of its objectives and the requirement of its creation by all governmental powers and spheres:

CHAPTER IV

Ombudsmen

Art. 13. The ombudsman's offices shall have as their primary attributions, without prejudice to others established by specific regulation:

I - promote user participation in public administration, in cooperation with other user defense entities;

II - monitor the provision of services, aiming to ensure their effectiveness;

III - propose improvements in the provision of services;

IV - assist in the prevention and correction of acts and procedures incompatible with the principles established in this Law;

V - propose the adoption of measures to defend user rights, in compliance with the provisions of this Law;

VI - receive, analyze and forward the manifestations to the competent authorities, accompanying the treatment and the effective conclusion of the user manifestations before the organ or entity to which it relates; and

VII - promote the adoption of mediation and conciliation between the user and the public body or entity, without prejudice to other competent bodies.

Art. 14. In order to achieve their objectives, the ombudsman shall:

I - receive, analyze and respond, through proactive and reactive mechanisms, the manifestations sent by users of public services; and

II - prepare, annually, a management report, which shall consolidate the information mentioned in item I, and, based on them, point out flaws and suggest improvements in the provision of public services.

Art. 15. The management report referred to in item II of the caput of art. 14 should indicate at least:

I - the number of manifestations received in the previous year;

II - the reasons for the manifestations;

III - the analysis of recurring points; and

IV - the measures adopted by the public administration in the solutions presented.

Single paragraph. The management report will be:

I - referred to the highest authority of the body to which the ombudsman unit belongs; and

II - made available in full on the internet.

Art. 16. The ombudsman will forward the final administrative decision to the user, observing the period of thirty days, justifiably extendable once, for the same period.

Single paragraph. Subject to the deadline provided in the caput, the ombudsman may request information and clarification directly from public agents of the body or entity to which it is bound, and requests must be answered within twenty days, justifiably extendable once, for the same period. .

Art. 17. Specific normative acts of each Power and sphere of Government will provide for the organization and operation of its ombudsman offices.

Given the above, understanding that all the constitutional and legal requirements for the creation of the External Ombudsman's Office of the Public Defender of the State of Minas Gerais are present, both within the federal and state legislation, the Popular Social Movements, Organizations and Entities, representatives of several undersigned Civil Society Collectives urgently require:

That the General Public Defender of the State of Minas Gerais, in articulation with the Government of the State of Minas Gerais, and with the popular movements and civil society entities that sign this manifesto, build a plan for the implementation of the Public Ombudsman External Ombudsman ;

That a committee or Working Group be created with members of the popular organizations and civil society entities that sign this manifesto, in order, together with officials appointed by the High Council, to build proposals for the implementation of the External Ombudsman, with broad popular participation and in as soon as possible;

To regulate the process for the election of the triple list and the position of the external listener, providing for the broad participation of popular movements and organizations, as well as civil society entities.

Terms in which,

Ask for deference.

Belo Horizonte, September 13 of 2018.

Sign this Manifesto:

National Network of Popular Lawyers and Lawyers - RENAP / MG

Collective Association Margarida Alves of Popular Advisory

Belo Horizonte Indigenous Association and Metropolitan Region

Popular Brigades

Caritas Brazilian Regional Minas Gerais

Tina Martins Women's Reference House

Fight Aura Collective

San Francisco Collective of Popular Legal Advice

Collective SECE Legal Advice

OAB / MG Human Rights Commission

Pastoral Land Commission - CPT / MG

Community / Occupation Dandara

National Council of Ombudsmen of the Public Defenders

Pastoral Council of Fishermen - CPP

Luiz Estrela Common Space

Mining Forum of the Street Population

Homeless Movement

Justice Forum[3]

Mining Forum of Human Rights

Municipal Forum of Human Rights

Human Rights Institute - HDI

Popular Fight

Collective Mandate of Councilors Áurea Carolina and Cida Falabella

Dam-hit Movement - MAB

Fighting Movement in the Vilas and Favelas Neighborhoods - MLB

Olga Benário Women's Movement

Fishermen's Movement and Artisanal Fishers - MPP

Landless Rural Workers Movement - MST / MG

Orphan Mothers Movement

Unified Black Movement

Movement for Popular Sovereignty in Mining - MAM

Carolina de Jesus Occupation

Occupation Chico Rei - Ouro Preto-MG

Hope Occupation

Occupation Paulo Freire

Occupation Rosa Leão

Occupation Victoria

Dandara Occupation

Timóteo's Occupations - Vale do Aço-MG

Articulation Network of People Affected by the Minas Rio Project by Anglo American - REAJA

Minas Gerais Lawyers Union - SINAD

Brazilian Union of Women - UBM

= = = = = =

Email addresses and reference phones for possible contacts:

- Maria do Rosário de Oliveira Carneiro - National Network of Popular Lawyers (RENAP) - mrosariodeoliveira@gmail.com -

- Larissa Vieira - RENAP and Collective Margarida Alves of Popular Legal Advisory - larissapovadv@gmail.com -

- Thales Augusto Viote - RENAP and MLB - thalesviote@gmail.com -

- Luis Pedro Silva Moreira - Collective Margarida Alves of Popular Legal Advisory - luispsm@coletivomargaridaalves.org

[1] “The State Legal Department was transformed into the Attorney General's Office of the State of Minas Gerais and the Legal Assistance Service to the needy was provided by the Attorney General's Office, which, pursuant to State Decree no. 17.112 22 April 1975 was also part of the organic structure of the Secretariat of State for Interior and Justice. From 1976, the said attorney general's office became the Public Defender's Office pursuant to article 15 of State Decree no. 18.025 04 August 1976. ”(GORGOSINHO, Gustavo. Public Defender: institutional principles and legal regime. Belo Horizonte: Arraes, 2014, p. 52)

[2] Available in: http://adepmg.org.br/blog/2014/04/04/manifesto-pelo-fortalecimento-da-defensoria-publica-de-minas-gerais/ . Access in 13 / 05 / 2018.

[3] http://www.forumjustica.com.br/pb/