THE BARRIERS TO EFFECTIVE ACCESS TO JUSTICE

A debate on access to justice: Legal, cultural and social aspects

Abstract

Abstract

This article discusses the barriers to effective access to justice in Brazil. It begins by highlighting the evolution of legal norms and the judiciary as essential functions of the state to resolve social conflicts. It then focuses on the obstacles that hinder this access, categorizing them into non-legal and legal impediments.

Non-legal impediments include poverty, which prevents many individuals from bearing the costs of a legal proceeding, resulting in socio-economic inequalities. The need for a lawyer is also emphasized as an obstacle due to a lack of resources to hire a qualified professional. The delay in judicial provision is another problem, as bureaucracy and procedural delays compromise the effectiveness of access to justice.

Furthermore, cultural and psychological barriers are addressed, such as a lack of legal knowledge among the population and the fear of retaliation by the accused. Inequality in the educational system is also cited as an obstacle since many people lack sufficient knowledge to understand their rights and seek legal assistance.

The article suggests that alternatives to these barriers include promoting extrajudicial means of conflict resolution, such as mediation and conciliation. These approaches can be more effective, cost-efficient, and expedient than litigation in court. However, the author highlights the need to structure and strengthen these mechanisms to make them truly accessible to the population.

In summary, the article underscores the importance of overcoming the obstacles that hinder access to justice in Brazil and highlights extrajudicial measures as an effective way to address these challenges.

Keywords: Access to justice, procedural speed, judicial process, judiciary, litigation.