A desigualdade do acesso à justiça na garantia de direitos fundamentais no Brasil: uma análise a partir da obra O Processo, de Franz Kafka

Abstract

This study addresses the issue of inequality in access to justice and its influence on the guarantee of fundamental rights in Brazil, based on Franz Kafka's work "The Trial". Kafka's narrative is characterized by absurd situations resulting from an inaccessible bureaucratic system, reflecting a distorted and illogical reality. In "The Trial", the protagonist Josef K. is surprised by his arrest for a crime he did not commit, futilely struggling to understand and challenge the oppressive and labyrinthine judicial system. This literary representation finds parallels in the Brazilian reality, where access to justice often proves ineffective in guaranteeing fundamental rights fairly and equally. A dichotomy is observed between what is provided for in legislation and its practical application, highlighting gaps in the realization of fundamental principles of human rights. This study proposes a comparative analysis between Kafka's narrative and the Brazilian legal context, aiming to understand how the difficulty in accessing justice perpetuates inequality in the enforcement of rights; recognizing that, in fact, access to justice in Brazil is closer to access to the Judiciary than to true access to justice — as it is possible to file a lawsuit, but it is uncertain when or how a fair judgment will be rendered. Divided into three parts, the paper explores the intersection between law and literature, highlighting the importance of this relationship for understanding contemporary legal reality; the constitutional right to justice, emphasizing the evolution of fundamental rights in Brazil and the principle of access to justice enshrined in the 1988 Constitution; and discusses the relationship between Kafka's work and Brazilian law, highlighting the obstacles faced by citizens in the pursuit of equal and effective justice.