ANÁLISE DOS ATUAIS OBSTÁCULOS FRENTE AO ACESSO À JUSTIÇA

Abstract

The work produced addressed access to justice from the perspective and delimitation of obstacles. To this end, the investigation into existing barriers was supported by the confluence of the work Access to Justice by Mauro Cappelletti and Bryant Garth with the current legal reality of the state of Santa Catarina, which, unfortunately, still harbors certain obstacles that make the effectiveness of the right to everyone has full access to justice. It is worth mentioning that the general objective of this study is to expose, precisely, the current impasses to access to justice present in the aforementioned location. Thus, in order for the general scope to come to fruition, the work was strategically divided into three chapters, where, in the first, the historical evolution of the concept of access to justice was addressed, as well as its framing as a constitutional principle and fundamental right in the legal system. Brazilian legal system. The second, in this dissertation, focused on detailing and explaining the obstacles to access to justice presented in the work of Cappelletti and Garth, with the relevant factual data provided by the National Council of Justice (CNJ) and the Brazilian Institute of Geography and Statistics (IBGE), and the third, finally, was dedicated to the analysis of relevant practical cases that illustrate the behavior of the barriers stated by the writers in the current legal reality of the aforementioned state. It must be said that the investigation uses a qualitative approach, based on the bibliographic review technique, which is mainly based on the examination of Brazilian legislation, legal literature, as well as scientific articles. It is also noteworthy that the aforementioned focus, focused on obstacles, and the dynamics of projection to the reality of Cappelletti and Garth's work, were thoughtfully chosen due to the lack of studies in this sense, a fact that demonstrates, in itself, the academic relevance of this essay, which attested, in the end, to the contemporaneity of the authors' study while identifying that the respective state, object of analysis, was not immune to the most varied barriers described.