Dos honorários dativos: uma reflexão crítica da relação pitoresca entre estado e advogado

Abstract

Investigates the delay in the payment of fees due to dative lawyers, who act in the defense of the most needy in the absence of the Public Defender's Office, through a historical analysis of the legislation referring to the subject, as well as jurisprudential and doctrinal research, in order to investigate the reasons for such time lapse for payment. Still, through quantitative research the state budget laws, with the objective of understanding how the payment to datives is treated in the budget, with special relevance to the States of Goiás and Paraná. It seeks to understand, in a comparative way, the budgets of the Public Defender's Office and the Public Ministry, in order to understand if there is indeed access to justice, as provided for in the Constitution, under the terms of Constitutional Amendment 80 of 2014. Finally, a critical analysis taking into account the political moment in 2022, observing the payments and promises made by the Government of the State of Goiás, as well as research on lawsuits related to the subject, to observe if the Judiciary can overcome the delay in these payments.