A possibilidade de utilização da cooperação (judiciária) interinstitucional em processos estruturais pela Defensoria Pública como forma de garantir o direito humano de acessibilidade das pessoas com deficiência

Abstract

The universalist discourse of human rights, when analyzed from a critical point of view, at least in the factual field, fails to protect a siezable portion of society, which fits into the concept of minority and vulnerable social groups. Among them is that of people with disabilities, since they are historically relegated and excluded from social life. Despite the publication, in recent years, of a series of international and national legal instruments of a protective nature, whose main objective is to guarantee social inclusion to those people, many of their rights cannot be guaranteed in everyday life, in the face of a multitude of barriers. In this environment, the right of accessibility gains importance, which plays a central role in social transformation, being treated as the main fundamental right and, also, instrumental, as it is a safeguard for the enjoyment of other rights. The Public Defender's Office, due to its constitutional mission of guaranteeing access to justice for citizens and groups in situations of social vulnerability, is the democratic institution that best comes close to being a welcoming stage and to giving a broad and effective voice to people with disabilities, and, for this, it needs to make use of all available legal means, including the use of collective protection. It so happens that the collective process, as traditionally known, is no longer sufficient to deal with all types of problems. In the wake of the valorization of the interpretation and application of constitutional and procedural principles to the specific case, it can be said that the so-called structural process starts to gain weigth and importance, proving to be a viable way to combat the lack of accessibility, since this is a problem with characteristics of complexity, multipolarity, collectivity and the need for an institutional rearrangement. Among the various techniques currently available regarding the management of these processes, interinstitutional (judicial) cooperation deserves a prominent role, as it increases and democratizes access to justice, as well as assists in the search for a dialogued and efficient solution between the various actors involved.