A garantia constitucional de acesso à justiça e a eficácia da tutela jurisdicional

• Main Author: Ferreira, Eliana Junqueira Munhós
• Publication Date: 2006
• Format: Master thesis
• Language: por
• Source: Repositório da Faculdade de Direito de Vitória
• Download full: http://191.252.194.60:8080/handle/fdv/29
• topic: Direito constitucional; Tutela jurisidicional; Acesso à justiça; Solução de conflitos; Direito

It is a research developed in the field of Constitutional Law and Constitutional Law Procedural law, in which the superiority hierarchy of constitutional norms in the normative and identify among them the principles fundamental constitutional principles, in particular those guarantees access to justice. As a rule-principle to ensure the realization of other rights, the access to justice is identified as a guarantee fundamental and must therefore act within the maximum of its possibilities, with a view to guaranteeing the realization of rights, through the judiciary, one that is useful and lends itself to instrumentalize the realization of material law. The methodology used was the bibliographical research, historical and documentary nature, and resulted from the conclusion that it is not enough to exercise jurisdiction effective and real to ensure the guarantee of access to justice, requiring, therefore, that the decision constitutional law protecting the interests of the also effective in the world of facts, capable of to transform the reality affected by the right and to guarantee to the winner of the action what would have noncompliance with a duty. If such does not occur and while it does not occur, there is a of the constitutional norm guaranteeing the access to justice, perpetrated by the magistrates, since they are in charge of the jurisdiction and the enforcement of the right in the Constitutional State of Law.