The transmutation significance´s of access to justice (including a comprehensive concept of human rights), in the Brazil constitutions

• Autor(a) principal: Rostelato, Telma Aparecida
• Data de Publicação: 2015
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Eletrônica Direito e Sociedade - REDES
• Texto Completo: https://revistas.unilasalle.edu.br/index.php/redes/article/view/1562
• topic: Access to Justice; Jurisdiction; Constitutional Law Principle; Warranty; Direito; Sociedade; Acesso à Justiça; Jurisdição; Direito Constitucional; Princípio; Garantia.

This article intends to expose the current conception of the right of access to justice in Brazil, entering the orbit of immovable indication of the various nomenclatures used to name this right, all this in order to launch reflections that flow into the need to broaden the conceptualization, longed by the Constitution itself. Considered the relevance, performs a brief explanation of concepts: law, warranty and constitutional principle. Yet, precisely with a view to substantiate the claim, it proposes the author descortinará transmutation historic versa about that constitutional right under comment, researching and establishing a comparison between the constitutions of Brazil, in order to ascertain if there was the inclusion this right and what was the scope of its jurisdictional grant, whose amplitude is a place in international treaties, given the application of the celebrated human rights. Concludes that access to justice is framed as a right, and that therefore all jurisdictional should enjoy it so broad and unrestricted behold, today’s design of this constitutional provision was due to the cry of his people in 1988 when decorrada dictatorial, that the Law accompany the development of the nation, focusing henceforth justice in diverse conjectures, because of the need to respect the principle of legal certainty.