Jus postulandi nos juizados especiais cíveis: uma garantia de acessibilidade ou um risco à defesa técnica?

Abstract

This paper aims to analyze jus postulandi as a tool for ensuring access to justice within the Small Claims Courts. It begins with the understanding of access to justice as a fundamental right, examining its historical development and the obstacles that hinder its realization, based on Cappelletti and Garth's “three waves theory’’. The study then explores the concept of jus postulandi, its legal basis, practical applications, and its distinction from legal representation. It also discusses the benefits and challenges of this prerogative in the absence of technical legal representation, as well as its presence in other branches of the judiciary. Finally, the main mechanisms that seek to ensure its effectiveness in the Courts are presented, such as the cooperative role of the judge, reversal of the burden of proof, and the return of case files for evidentiary supplementation. It concludes that, although jus postulandi does not replace legal assistance, it represents a legitimate means of expanding access to justice for individuals in vulnerable situations.