State Public Defender's Office (DPE): what it does, who qualifies and how to reach it

The Defensoria Pública do Estado (DPE), the State Public Defender's Office is the public institution that provides free and comprehensive legal assistance to people who lack the financial means to pay for a lawyer. The service includes legal guidance and judicial and extrajudicial defense in cases under the jurisdiction of the State Justice system.

The Defensoria's work is governed by the principles of unity, impersonality and functional independence. Its constitutional mission encompasses the promotion of human rights and the reduction of social inequalities.

What the State Public Defender's Office does

Areas of activity include:

• Family: divorce, alimony, custody and paternity investigation;
• Successions: probate and court authorizations;
• Civil law: indemnities, eviction and adverse possession;
• Health: medication, ICU beds and surgeries;
• Consumer rights: wrongful credit blacklisting and health insurance;
• Childhood and youth, domestic violence and criminal defense.

The Defensoria Estadual does not act in cases involving Federal, Labor or Electoral Justice. For these, the appropriate channel is the Public Defender's Office of the Union (Defensoria Pública da União, DPU).

Who is entitled to DPE services

The DPE serves people who cannot afford a lawyer. The general household income parameter varies by state.

• São Paulo: household income of up to 3 minimum wages, which can reach 4 minimum wages in cases of families with more than 5 people, proven expenses for medical treatment of serious illnesses, or families with persons with disabilities;
• Rondônia: household income of up to 3 minimum wages or a situation of vulnerability that prevents financing a defense;
• Tocantins: individual monthly income of up to 2.5 minimum wages or household income of up to 4 minimum wages.

Assistance is provided regardless of income in cases of domestic violence, criminal defense and special guardianship.

Proof of income is provided through documents such as the Work Booklet (Carteira de Trabalho), pay stubs, proof of retirement or an income declaration, accompanied by ID (RG), Tax ID (CPF) and proof of residence.

How to access the DPE and book an appointment

Service usually requires prior scheduling. It can be done through the virtual assistant available on your state's Public Defender's website or by toll-free telephone. In São Paulo, the number is 0800 773 4340, available on business days from 7 AM to 7 PM. Scheduling allows the unit to determine whether the service will be in-person or remote, depending on the type of case.

For urgent cases, such as risks to life, liberty or the perishing of a right, many Public Defender's Offices maintain a permanent duty schedule, operating on weekends, holidays and outside regular office hours. If online or telephone scheduling fails, the path is through the General Ombudsman of the Defender's Office, which can intervene with the responsible unit.

How to file a complaint about the Defensoria's service

The General Ombudsman of the Defender's Office receives complaints, suggestions and praise regarding the quality of services provided. Submissions can be made through the Ouvir+ system, by letter or in person, and generate a tracking protocol.

The Ombudsman does not address the merits of the case nor does it replace the defender. Its role concerns the quality of service and the regularity of care.

DPE or DPU: why the difference matters

Knowing the DPE means knowing that access to Justice does not depend on financial capacity. For those facing a family problem, a health insurance denial, an undue debt or a criminal accusation, the State Public Defender's Office is the institutional path for the defense of rights.

The distinction between DPE and DPU is essential: the former acts in State Justice; the latter in federal cases. Knowing which one to seek prevents a legitimate demand from getting lost in the wrong channel.

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