Year: 2020
Type: article
Abstract: What should be understood, at the same time, by Access to Justice? The present theme in Brazil has been shown to be relevant and pertinent, considering also the normative approaches and guidelines of our Civil Procedural Code that assimilates principles and guidelines, above all for the efficiency of the Judiciary and the need for a good jurisdictional provision. This article therefore addresses the challenge of answering that question by describing the main elements that portray the stage of development of the theme in Legal Science. The analysis of key concepts together with the exposure of the themes in order to clarify to the reader their pertinence in the legal scope is present in this approach. Without pretending to exhaust the subject, we seek to situate Access to Justice in the contemporary scenario and present the approaches commonly attributed to it, providing the methodological and terminological clarifications necessary for an adequate understanding of the theme, with an emphasis on demonstrating that the improvement of Justice needs above all to privilege legal institutions essential to Democracy, using above all the consolidated procedural bases. In this context, perspectives classified as legal-procedural and democratic-institutional are considered, as well as the concepts of access to the judiciary and access to rights, effective access, with visible and accounted results, both included in the universe of access to justice (lato sensu).
Institution: Universidade do Vale do Itajaí
Language: English
Topic: Brazilian Legal Issues
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: diamond
Funder: Universidade do Vale do Itajaí
OpenAlex ID: W3046954874