Promessas de acesso à justiça; efeitos de obstáculo à justiça: uma análise de sentenças judiciais de juizados especiais

• Autor(a) principal: Souza, Leonardo Rodrigues
• Data de Publicação: 2011
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional da UFG
• dARK ID: ark:/38995/001300000d6t2
• Texto Completo: http://repositorio.bc.ufg.br/tede/handle/tede/7487
• topic: Intenção da lei; Convenção da audiência; Juizado especial; Condições de felicidade; Acesso à Justiça; Intention of the law; Hearing convention; Special court; Specific conditions; Access to justice; LINGUISTICA, LETRAS E ARTES::LINGUISTICA

This research is about the guarantee of access to Justice and its fulfillment at the Special Court. It has the aim of discussing the Special Court‘s ―Access to Justice‖ intention concerning the procedures usually performed from analyses of court rulings, based on studies of How to do things with words, by J. L. Austin (1976). Firstly, this study presents the conceptual evolution of the expression ―access to Justice‖, considered as a synonym for ―access to the Judiciary‖. It also brings information about the creation, settlement and aims of the Special Court; it also points out hindrances to effective access to Justice and mentions the main movements in Brazil for the access to Justice. The second chapter deals with the struggling for simplifying legal language started at a campaign organized by the Magistrates‘ Association in Brazil in 2005 and debated at the Chamber of Deputies by the 7,448/2006 Law Project. The appeal for simplifying legal language is part of a set of actions which intend the access to Justice by a higher number of people for the solving of conflicts. With views to the ―access to Justice‖ at Special Courts, brought to life Law 9,099/95 (which created it), as well as the court rulings given, we have a third chapter, in which the relation between the ―intentional‖ and the ―conventional‖ is discussed - where the ―intentional‖ is about the promise of access to Justice, made by our Constitution and by Law no. 9,099/95, and the ―conventional‖ is about the usual rules and procedures expressed in the various speech-acts present in court rulings, whose effects have worked as hindrances to Justice. This discussion was based on the study of J. L. Austin‘s speech acts, which worked as a reference for the thoughts further described. The pragmatic analyses of ruling courts indicate that specific conditions are needed for the efficacious access to Justice in the Special Court, such as simplifying the use of ritual language, once the Special Court is a special form of court, which values orality, simplicity, informality, etc. However, the Special Court, the way it has worked in Brazil, does not fulfill the promise of access to Justice, since the presupposed conditions for the performing of judicial acts dissent between the intention of the law and the hearing convention in the court.