O The prelude of access to justice to the vulnerable in Brazil

• Autor(a) principal: Queiroz, Laryssa Saraiva
• Data de Publicação: 2021
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista da Defensoria Pública da União (Online)
• Texto Completo: https://revistadadpu.dpu.def.br/article/view/328
• topic: vulneráveis; acesso à justiça; política pública; defensoria pública; access to justice; vulnerable; public policies; public defender

In the Brazilian scenario, redemocratized and marked by social and economic inequalities,policies of access to health, education and security are usually emphasized as fundamental.However, the relevance of access to justice also draws attention, especially for the mostvulnerable classes of the population. This is because access to justice is an essential supportin a regime that claims to be democratic and plural, and still proves to be a condition forthe exercise of other social rights. Therefore, given the relevance of the theme, this studyaims at analyzing what mechanisms the State has developed to promote access to justicefor the vulnerable. This is a qualitative study, which applies methods of documentary analysis of content and discourse, reconstituting historically the perception of this themeas a political problem in Brazil, until the moment when a specific public policy was adoptedto guarantee the access. Several mechanisms developed for this purpose have beenidentified, such as the possibility to sue in Special Courts without a lawyer; jus postulandiin the Labor Court; arbitration, conciliation and mediation. In addition to these policies,and by the examination of laws, Federal Constitutions and other documents, a processof formulating a specific public policy for this purpose was identified, which is currentlyconducted by a specific institution: the Public Defender’s Office.