Access to Justice and the Legal Complex: Building a Public Defenders’ Office in Brazil

Nunes, Rodrigo M.

doi:10.1177/1866802x20942780

Cited by 5 publications

(5 citation statements)

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“…Furthering this line of inquiry, this paper invites more investigation into the diversity of possible forms of collective action, where and how such action takes place, or the absence thereof. The analytical flexibility of the concept of the legal complex also allows for the inclusion of unconventional legal actors, such as government lawyers (Dotan, 2014), public defenders (Nunes, 2020), and legal academics (MacLean, 2017). The political meaning of the legal complex's activities requires careful interpretation and conceptual refinement, and future research is warranted.…”

Section: Discussionmentioning

confidence: 99%

“…In Turkey, for example, lawyers' associations have grown together with political organizations and fragmented along ideological lines, but their strategic activism also constitutes a “grassroots appropriation of law” in an authoritarian‐corporatist structure (Parslow, 2018). Additional legal actors have emerged on the political horizon: for example, public defenders in Brazil made two attempts to secure autonomy and resources, but they only acquired support after their alignment with the bar and bench was reconfigured (Nunes, 2020). Simply put, legal actors have become more able and flexible in politics.…”

Section: Situating the Legal Complex In Post‐transition Judicial Policy Makingmentioning

confidence: 99%

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The legal complex fractured: Legal professional coalition and collision in Taiwan's judicial reform

Hsu

2021

Law & Policy

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Sociolegal studies have identified a collectivity of legal actors—the legal complex—and its association with political liberalism in varying power settings. However, little attention has been paid to how such a collectivity evolves with regime change, or if and when such a collectivity might dissolve. Studying the case of Taiwan, this article demonstrates how various legal professions—lawyers, judges, and prosecutors—unite and divide during and after state transition. Democratization had an unsettling effect that brought out the internal dynamics of the legal professions, which initially aligned with one another to defend judicial autonomy from authoritarian control, but then confronted one another in judicial policy making during democratic times. Each legal profession bases its policy orientations on a normative commitment, which leads to three lines of confrontation: the ways in which the judiciary is held accountable, the extent to which the procuracy enjoys investigative power, and the institutional division between the judiciary and procuracy.

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Section: Discussionmentioning

confidence: 99%

Section: Situating the Legal Complex In Post‐transition Judicial Policy Makingmentioning

confidence: 99%

The legal complex fractured: Legal professional coalition and collision in Taiwan's judicial reform

Hsu

2021

Law & Policy

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“…На підставі аналізу юридичної літератури можемо зауважити, що громадянське суспільства в державах Європи є більш прогресивним, аніж українське. Вони чітко проголошують, що основним конституційним обов'язком органів прокуратури є захист і забезпечення соціальних інтересів, правової системи та демократичного режиму (Nunes, 2020). Заслугою представників громадянського суспільства зарубіжних країн є те, що вони пропагують ідеї неприпустимості безконтрольного застосування прокурорами заходів, спрямованих на протидію злочинності, неякісної практики розслідування та частого допущення судових помилок тощо .…”

Section: діяльність прокуратури держав європиunclassified

Legal Principles of Interaction the Prosecutor General’s Office of Ukraine With Civil Society Institutions

Pylyp

2023

APP

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Purpose. The purpose of the article is to clarify the principles of cooperation between theprosecutor’s office and institutions of civil society in the context of the implementation of the lawenforcement function. Methods. A complex of general and special scientific research methodsrepresents the theoretical and methodological basis of the research. In particular, the method of analysis and synthesis, systemic, systemic-structural, and comparative-legal was used during theanalysis of the current legislation of Ukraine and the assessment of the current state of regulationof certain aspects of the interaction of the prosecutor’s office with institutions of civil society. Themethods of analysis, synthesis, and forecasting contributed to the definition of certain debatableprovisions of the “Community Prosecutor” concept. In general, a comprehensive approach to theapplication of general and special scientific research methods ensured the reliability and validityof formulated conclusions, recommendations, and suggestions. Results. The conducted textualanalysis of the Constitution of Ukraine and the Law of Ukraine “On the Prosecutor’s Office”proved that the main profile legislative acts do not define the legal basis for the interaction ofthe prosecutor’s office and formalized structures of civil society, in particular such as the media,public organizations and other associations of citizens. This made it possible to state that thecurrent state of legal support for the joint activity of the latter in the context of law enforcementactivities is insufficient. Therefore, to ensure the implementation of such activities within thelegal framework, the unification of common activity algorithms, and the development of effectiveforms of interaction, it is important to regulate these aspects at the legislative level. It was foundthat the implementation of the “Community Prosecutor” Concept is promising in establishingfruitful communication between the prosecutor’s office non-governmental organizations, and thepopulation, however, the importance of reforming the legislation to implement the ideas enshrinedin it was emphasized. It was determined that the experience of civil society in some countries ofEurope and the world is proven. It was established that the latter purposefully certifies that themain constitutional duty of the prosecutor’s office is to protect and ensure social interests, the legalsystem, and a democratic society, and determine the priority areas of activity of the prosecutor’soffice, which should be given “special attention” in ensuring prosecution. Conclusions. Basedon the modern realities in which the civil society institutions of Ukraine are developing, it isimportant to establish their communication and interaction with the prosecutor’s office. Thefollowing forms of implementation of the law enforcement function of the state, through the jointinteraction of the outlined subjects, are considered promising for implementation, such as theinvolvement of the media in informing the public about the results and nature of the activitiesprosecutor’s office, informing about the results of conducted journalistic investigations to conducta competent review of the latter to identify facts of illegal behavior of individual subjects or theirgroups. It is important to involve public organizations, in particular human rights defenders,and other associations of citizens for joint information and educational, and scientific activities,involving the latter in such relevant forms of activity as documenting war crimes, conductingopen data investigations, and analyzing social networks to identify illegal actions of individualsubjects, etc. It is emphasized that the prospects for further interaction of the prosecutor’s officewith institutions of civil society dictate the need for normative consolidation of the relevant legalfoundations of this activity. In connection with this, it is proposed to make changes to the Lawof Ukraine “On the Prosecutor’s Office”, in particular, to supplement it with a separate section,which should define the fundamental principles of interaction between the prosecutor’s office andcivil society institutions.

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“…The impact of these laws can be mitigated by citizens' ignorance of their rights and their protections. [17] In conclusion, although legal modifications in India can alter societal norms, values, and cultural practises, their effectiveness is greatly dependent on various variables, such as enforcement, societal attitudes, and citizen knowledge.…”

Section: Legal Reforms Changes and Initiatives Are Crucial In Catalys...mentioning

confidence: 99%

Understanding the Social Consequences of Legal Developments in India

Pandey,

Spoorthi

2023

TTASSH

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This scholarly article aims to investigate and assess the societal implications of legal advancements in India. The statement acknowledges the significant impact of law on the formation of societies, the configuration of social frameworks, and the delineation of the entitlements and responsibilities of persons. Through analysing the societal ramifications of legal modifications in India, this research enhances our comprehension of the intricate relationship between law and society within the Indian milieu. The present study utilizes a research methodology that integrates both qualitative and quantitative approaches. A thorough examination of the literature was undertaken to ascertain significant legal advancements and their associated societal ramifications in India. Furthermore, the study gathered empirical evidence via surveys, interviews, and case studies to better understand the firsthand experiences of individuals and communities impacted by legal modifications. The results of this study illuminate various noteworthy societal implications of legal advancements in India. Initially, the text emphasizes the significance of law in advancing social justice and parity. The text examines how legal reforms have effectively tackled societal inequalities, safeguarded marginalized groups, and enhanced the accessibility of justice for the underprivileged. The second objective of this study is to investigate the influence of legal modifications on societal norms, values, and cultural customs. The text examines the impact of legal advancements on societal perspectives on matters such as gender parity, caste-based prejudice, and religious autonomy. This study aims to examine the correlation between legal advancements and societal mobilization. This analysis explores how alterations in legal frameworks have catalyzed social movements, activism, and advocacy endeavours, ultimately resulting in more extensive societal changes. Furthermore, the research delves into the difficulties and conflicts that emerge from the execution and elucidation of novel legislation, encompassing imposition, adherence, and opposition. The findings of this study hold great importance for individuals involved in policymaking, law, and social science. Policymakers can make well-informed decisions that align with societal needs and aspirations by comprehending the social implications of legal advancements. Legal professionals may acquire a more comprehensive understanding of the broader implications of their professional activities, while social scientists may enhance their comprehension of the interplay between law and society. This study adds to the body of knowledge regarding the societal impacts of legal advancements within India. This statement highlights the significant impact that law can have on shaping societal norms, values, and structures, demonstrating its potential for transformation. Through examining the intricate relationship between law and society, this research provides significant perspectives on the multifaceted mechanisms of legal transformation and their ramifications for Indian society. Keyword : India, Law and Society, Legal developments, Social consequences, Social justice, social norms.

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Access to Justice and the Legal Complex: Building a Public Defenders’ Office in Brazil

Cited by 5 publications

References 40 publications

The legal complex fractured: Legal professional coalition and collision in Taiwan's judicial reform

The legal complex fractured: Legal professional coalition and collision in Taiwan's judicial reform

Legal Principles of Interaction the Prosecutor General’s Office of Ukraine With Civil Society Institutions

Understanding the Social Consequences of Legal Developments in India

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