O direito fundamental ao acesso à justiça: uma análise da atuação das defensorias públicas, frente à desigualdade social de renda

Abstract

This article aims to identify and analyze the main difficulties of access to justice, especially for the poor part of society, as well as analyze the current legal system in light of the fundamental principle of access to justice in relation to its effectiveness, in front of social and economic inequalities. Thus, the aim is to discuss the theme, going through the minutiae of the concept of the access to justice, its criticisms, doctrinal updates, as well as possible measures to make it effective. Furthermore, the hypothesis to be proved is that poverty, besides being a discriminatory factor in Brazil, is also a factor of procedural exclusion, going against all the constitutional precepts. To this end, we will discuss how poverty impacts procedural demand and prevents an exorbitant portion of society from having effective judicial protection. Finally, a study is sought on the performance of the Public Defender's Office as a fundamental institution in guaranteeing the provision of free legal assistance, and the obstacles faced as a result of the devaluation of the institution and low state investment. Therefore, the performance of the institution will be analyzed in order to highlight its effectiveness and efficiency, as well as to point out the need for greater investments as a way to safeguard constitutionally guaranteed fundamental rights.