Onde estão os Defensores Públicos? : a exclusão social e o adensamento populacional como critérios de prioridade de lotação dos Defensores Públicos no Estado de Minas Gerais

Abstract

This research approaches the human resources public management and aims to: 1st carry out a diagnosis on the Public Defender of the State of Minas Gerais, as regards the position provision of public defenders and career members post load; 2nd identify the used criteria to the above mentioned load; 3 – discuss about the new public defenders priority load criteria, presented by the Constitution Amendment nbr 80/14, which determined the public defenders load priorities observation in regions with a higher index of social exclusion and population density; 4 - identify the indexes which better express the two priority criteria; 5 – analyze the data concerning the regions and produce an order of Minas’s counties, following the load priority degree of public defenders. Such diagnosis is realized according to obtained data from the Ministry of Justice and from the State Public Defender, although the theoretical reference built on the population density and social exclusion allowed these criteria analysis. The adopted theoretical reference became a support to the constitutional populational density, since people’s concentration results in a new way of halting relations, sometimes it’s more conflict favorable and also served to the overcoming of the Human Development Index- HDI to the social exclusion measurement, upon the discussion achievement among five indexes which are commonly used to measure the social exclusion, choosing the Social Vulnerability Index developed by the Instituto de Pesquisas Econômicas Aplicadas - IVS-IPEA. One comes to the conclusion that the foreseen positions in law are insufficient to the demand, and that the low filling ratio of these positions worsens the insufficiency, and that is a weak presence of the defenders in the counties located towards the north of the state, and that the used criteria to locate the defenders consists on the population mainstream and the HDI of the municipality of the city county do not follow the new constitutional model which fixes the density (relative population) and social exclusion to be measured by region and not by region and no longer in the city county, adopting the counties as regions. The populational density and social exclusion generated data still allowed one to identify the prior counties to the public defenders assignment and build these counties ordering.