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

TALLER SEMINAR “LATIN AMERICAN JUDICIAL POLICY FROM THE PERSPECTIVE OF THE PUBLIC DEFENSOR”

October 7th, 2014

Work Proposal for the Taller Seminar “LATIN AMERICAN JUDICIAL POLICY FROM THE PERSPECTIVE OF THE PUBLIC DEFENSOR”

Below is the proposal of the Seminar that is under construction. This activity was presented and discussed today, 7 / 10, during the meeting of the Inter-American Association of Public Defenders - AIDEF, in the city of Asuncion, Paraguay.

Click here to read the folder with information about the Justice Forum and the Latin American Ibero WG.

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SEMINARIOTALLER “LATIN AMERICAN LEGAL POLICY FROM LAPERS PECTIVE FOR HER PUBLIC DEFENSOR”

2 – 3 December 2014, Rio de Janeiro

Click here to see the program

Documentof Lineamientos:

Justicia Forum presents the proposal of guidelines for the seminar-taller on “Latin American Judicial Policy from the Public Defender's Perspective”, which will take place on 2 and 3 days of the following day in the city of Río de Janeiro, as follows:

1. Analyze the role played by the Public Defenders of Latin America and its associative forms in the formulation, implementation and follow-up of the 100 Rules of Brasilia.

Cuestionamientos:

a) What is the current situation (the state of art) in relation to the follow-up of the 100 Rules of Brasilia?

b) What has been the response of the recipients (actors of the Justice System): set of institutional and judicial documents produced on the basis of the 100 Rules of Brasilia, studies, reports, investigations and related academic work?

c) By which channels do the beneficiaries of the 100 Rules of Brasilia (personas in situations of vulnerability) dialogue with their recipients seeking to produce hybrid public policies for the justice system?

Reference document:

Report on the application of the 100 Rules of Brasilia by the Ibero-American Judicial Panel. Available in:

http://www.cumbrejudicial.org/c/document_library/get_file?p_l_id=76850&folderId=875797&name=DLFE-6217.pdf

2. To observe the Reforms to Justice, occurring or ongoing, in Latin American countries, associated with key political processes (see post-dictatorial processes and / or transitional justice, and Latin American neoconstitutionalism), to analyze Defensoría Public as part of the new institutional designs. Recalling also that the specific literature in this field calls attention to the participation of economic agents and international financiers in defining the agenda for the Reform of Justice on the Continent (Washington Consensus).

Cuestionamiento:

In the light of the aspects of justice reform in the Latin American countries mentioned above, how could the Public Defender contribute to deepening their democratic approach?

3. Analyze the incidence of AIDEF in the Ibero-American Judicial Court, signaling strategies that include social participation in the design of policies for the justice system.

Cuestionamientos:

a) When would the Ibero-American Judicial Summit prove to be a permeable space for the articulation of the Public Defender's Office with social actors, to impress the greater democratic density to the policies applied to the Latin American justice systems?

b) In this sense, having in mind the practices practiced in Latin America and considering the potential protagonism of the Public Defender in the functioning of the justice system and the mechanisms of functional democracy (popular participation) will be better suited to the structure of justice systems. from Latin American countries? ¿Public Conferences, Ombudsmen or External Audits, Public Audiences? Other innovative practices?

Reference document:

Final result of the IV conference cycle of the Public Defender's Office of the State of São Paulo. Available in:

http://www.defensoria.sp.gov.br/dpesp/Default.aspx?idPagina=5331

4. Analyze the potential of other spaces of international articulation,

in particular the agencies within the UN and the OAS, considering the innovative character of this new actor - the inter-American public defender - as well as the documents and recommendations regarding access to the judiciary and addressed to the Public Defender.

Cuestionamiento:

There is interest in stimulating articulation with the purpose of enhancing access

the justice in the regional area, taking care of the plan of the international public derecognition with the creation of a regional conviction on the access to the justice? It would be taken as example the process of creation of the Belém do Pará Convention.

Reference documents:

Resolution 2821 (XLIV-O / 14) of the OAS, which seeks to deepen the commitment of the Member States to the strengthening and autonomy of the Public Defender, entitled “The Autonomy and Strengthening of Official Public Defense as a Guarantee of Access to the justice ”. Available in: http://www.aidef.org/wtksite/cms/conteudo/444/Res._OEA_2821-2014.pdf.

Report attached by André Castro on his participation at the International Conference on Access to Legal Assistance in Criminal Justice Systems, promoted by the UN in the city of Johannesburg, in South Africa.