Acesso à justiça: uma análise sobre a problemática das pessoas em situação de rua

Abstract

This work has as main objective to raise reflections on the idea of “access to justice” in light of the civil procedural law new perspectives, based on the theory of "Access to Justice”, by Mauro Cappelletti and Bryant Garth, understand it as the reach of anyone and everyone to legal means that demand enable the realization of human dignity, with the State being responsible for managing this process, including proper education and information, letting clear the right that everyone has to stand up regarding all their guaranteed on the judicial system. The constitutional guarantee of this access is analyzed, as well as the Brazilian legal structure itself, noticing the instruments already provided in the current Magna Carta of Brazil. Barriers to access to justice in Brazil are discussed, standing out the three main trends that repress this access, in an attempt to understand how specific normative actions are used to circumvent some of these barriers. It discusses the possible reasons that lead human beings who are fully proportionate to be on the sidelines of the constitutional opportunities guaranteed to all, including meeting their legal requirements. Finally, they are offered perspectives about effective access to justice for these people, which involves a greater number of them demanding an adequate defense, and seeking to reduce the distance between the ordinary citizen and the judicial power. Thus, it is necessary to implement effective and active mechanisms that enable access to the judiciary for people of all types and financial income, with or without housing.