Does the Public Defender's Office handle labor cases in Brazil? When and how

*The Public Defender's Office (Defensoria Pública) provides free legal assistance to people who cannot afford a lawyer, but its role in labor cases is limited and varies greatly from region to region. Before relying on it alone, it is worth knowing the free alternatives: the union, law school legal clinics, pro bono lawyers and jus postulandi* itself.

Quick summary

• The Constitution guarantees full and free legal assistance to anyone who proves they lack resources (art. 5, LXXIV).
• There is the Federal Public Defender's Office (DPU) and the State Public Defender's Offices; each has its own remit.
• In the Labor Court, the Defender's Office's role is restricted and depends on local structure.
• When the Defender's Office cannot help, the judge can appoint a court-appointed lawyer (*advogado dativo*).

Federal vs. State Public Defender's Office

• Federal Public Defender's Office (DPU) — Handles: cases in the Federal Courts (INSS, the federal government, Caixa), Electoral and Military Courts and, on a restricted basis, the Labor Court · Website: dpu.def.br
• State Public Defender's Office — Handles: cases in the State Courts (family, consumer, housing, criminal) · Note: generally does not act in the Labor Court

Work-related problems that go through the Federal Courts — such as an INSS (social security) benefit for a work accident or denied unemployment insurance — can be handled by the DPU.

Who is entitled

Anyone who cannot pay a lawyer without harming their own or their family's support. Each Defender's Office applies criteria based on household income, assets and expenses. Bring:

• ID (RG), CPF (taxpayer number) and proof of address;
• proof of income for everyone who lives with you;
• proof of major expenses (rent, health);
• all the documents for your case.

Step by step

1. Identify the type of case and which court has jurisdiction (Labor, Federal or State).
2. Book an appointment through the website or phone line of the Defender's Office in your city.
3. Bring your income and case documents.
4. Ask for a written statement if the Defender's Office cannot take the case — it helps when requesting the appointment of a court-appointed lawyer or free legal aid.
5. Don't miss the deadline: in labor matters, 2 years after the end of the contract. If it is close, use jus postulandi.

Free alternatives

• The union for your category (Law 5,584/1970).
• Legal clinics at law schools.
• Pro bono lawyers — see Pro bono lawyer.
• The TRT's public service desk (TRT is the Regional Labor Court), which takes oral claims (atermação).

Frequently asked questions

Does the Public Defender's Office file labor claims?

As a rule, its role in the Labor Court is limited. The State Defender's Office usually does not act in that court, and the DPU acts on a restricted basis. Check with the office in your city.

Is the Defender's Office service free?

Yes, for those who meet the income and asset criteria.

If the Defender's Office cannot help me, what do I do?

Ask for a written statement and contact the union, a legal clinic, or ask the judge to appoint a court-appointed lawyer.

Read more in this series

• How to find a labor lawyer: free, contingency, court-appointed or private
• Court-appointed lawyer: what it is, who is entitled and how to request one
• Pro bono lawyer: what it is, who can get one and where to find one
• Jus postulandi: how to sue without a lawyer
• Index: complete guide to labor rights