O acesso à justiça e o jus postulandi: um estudo sob a perspectiva do Juizado Especial Cível

• Autor(a) principal: Brito, Larissa Silva
• Data de Publicação: 2023
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Monografias da UFMT
• Texto Completo: http://bdm.ufmt.br/handle/1/3927
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO; acesso à justiça; Juizado Especial Cível; jus postulandi; access to justice; Special Civil Court; jus postulandi

The central objective of this study is to critically analyze the implementation of Special Civil Courts in the light of the principle of access to justice within the context of the Democratic Rule of Law. Access to justice is understood as one of the fundamental pillars of a democratic system, guaranteeing every citizen the right to effective legal recourse and the promotion of equality before the law. The Federal Constitution of 1988 plays a central rolem in this context, establishing a broad range of rights that underpin human dignity and are essential for the functioning of democracy. As a result, society expects these principles to be realized in practice, and the state has the responsibility to create mechanisms that ensure legal protection is provided in a swift and equitable manner.The Special Civil Courts, established by Law 9.099/1995, were created with the purpose of simplifying the legal process, adopting criteria such as informality, simplicity, expediency, procedural economy, and orality. However, despite these improvements, challenges still exist, such as the similarity to complex procedures in the common justice system, the distance of the judiciary from the vulnerability of individuals, and the linguistic complexity in the legal environment. Furthermore, the system allows individuals to act without the need for a technical professional, raising questions about equity in the process, respect for due process, and the effectiveness of judicial decisions.With the aim of addressing this issue, the study will be divided into three parts: understanding access to justice based on the Constitution, analyzing the structure and functionality of the Special Civil Courts, and evaluating the effectiveness of the protection offered by this system, considering the participation of all parties to ensure equality before the law. The indispensability of technical professionals in fostering a process based on equality of arms is evident. Additionally, it hypothetically proposes the influential role of the judge in enabling an effective process and a useful solution to the parties. Depending on the characteristics of the specific case, the judge may expand a request (ultra petita relief) or rule in favor of a different claim (extra petita relief). This approach seeks to find a more suitable solution for the case, in accordance with the judge's understanding and duty to apply the law fairly. With this goal in mind, it aims to provoke reflection on qualitative access to justice, seeking to provide comprehensive protection in the legal, social, and political realms.