Quinto constitucional: a ausência da Defensoria Pública e a sua consequência na pluralidade de ideias nos tribunais

Abstract

This research analyzes the absence of the Public Defender's Office from the constitutional fifth (quinto constitucional) and its impacts on the plurality of ideas and institutional representativeness within Brazilian courts. It is guided by the following research question: How does the absence of the Public Defender's Office from the constitutional fifth compromise the plurality of ideas and institutional representativeness in Brazilian courts? The study is justified by the importance of a plural composition of the Judiciary for strengthening democracy, the legitimacy of judicial decisions, and access to justice. Its objective is to understand the constitutional and democratic impacts resulting from the exclusion of the Public Defender's Office from this constitutional mechanism, examining its historical development, the constitutional role of the institution, and the relationship between institutional diversity and the legitimacy of the Judiciary. The research is characterized as bibliographic, qualitative, and descriptive, based on legal doctrine, scientific articles, dissertations, theses, and relevant constitutional provisions. The findings indicate that the current configuration of the constitutional fifth restricts court composition to lawyers and members of the Public Prosecutor's Office, thereby reducing the diversity of legal perspectives and weakening the representation of socially vulnerable individuals. It is concluded that including the Public Defender's Office in the constitutional fifth would strengthen institutional plurality, democratic representativeness, and the legitimacy of the Brazilian Judiciary.