Acesso à Justiça no JECrim e a vulnerabilidade do cidadão: necessidade de assistência jurídica por um defensor público em audiências preliminares.

Abstract

This article aims to discuss how the vulnerability of the citizen, within the context of the preliminary hearing in the Special Criminal Court, manifested by the absence of a Public Defender, affects the defendant's rights, considering the simplified structure of the procedure foreseen in Law 9.099/1995. The theme is built upon the problem of whether the lack of Legal Assistance in preliminary hearings compromises the defendant's technical defense, as well as access to justice in the Special Criminal Court. The objective of the study is to understand that informality and speed, which are basic principles of the Special Criminal Courts, cannot mitigate the constitutional guarantees assured to citizens, such as due process of law, access to justice, and the right to a fair trial and full defense. In this investigation, the methodology used is a bibliographic review, based on constitutional and criminal procedural doctrine, as well as jurisprudence, based on the superior courts. In summary, it is concluded that it is a fundamental right of the defendant to be legally assisted in preliminary hearings, in order to guarantee their constitutionally assured prerogatives, so that vulnerable citizens are guaranteed full access to justice.