O acesso irrestrito ao poder judiciário e a possível inviabilidade do acesso à justiça no Brasil : diagnósticos e proposições a partir de uma perspectiva econômica.

Abstract

This work addresses the issue of the right to access to justice, and aims to analyze the practical consequences generated by unrestricted access to the Judiciary in Brazil, mainly with regard to its effectiveness, as well as pointing out possible solutions to improve this scenario. In this context, the problem to be faced is that: unrestricted access, combined with a culture of massive litigation installed in the country, would be heading towards making the very exercise of the right of access to justice in Brazil unfeasible? To develop the research, the hypothetical deductive method was used, asit is the means of investigation that aims to deduce the consequences of a hypothesis formulated from empirical demonstrations, since assistance was sought from economic sciences and figures from the Brazilian Judiciary to support the approach. From this, in the second chapter, brief considerations were made about the evolutionary history of the right to access to justice, its modern definition, as well as its importance for society. In the third chapter, with the help of economics, it was possible to fit the concept of justice into the microeconomic definition of a common resorce, certifying that it is subject to scarcity. In the fourth chapter, through the numbers of the Judiciary, it was demonstrated that the system is overcrowded with demands, and that it is no longer capable of protecting rights in a fair, quick and effective way. In this way, the hypothesis that unrestricted access to the Judiciary is inhibiting the exercise of the right to effective access to justice in Brazil was validated. Finally, the following measures were also proposed that would contribute to changing this scenario, without, however, inhibiting universal access to justice: demanding costs for the Public Power to litigate, and developing legal capital to expand cooperation.