A democratização do acesso à justiça na sociedade brasileira sob o prisma da efetividade do direito à educação: uma premissa fundamental para a jurisdição inclusiva.

Abstract

The process of present educational exclusion in the society contemporary denies the legitimacy of a Democratic Social State of Right and becomes a social problem in the concretion of the basic rights, excessively the basic right of the access to justice. Inside of this context, this research approached main nuances of the right to the Education and its relevance as form to make possible the rights and the democratic postulation of the Rule of law, being objectified to analyze, from the main theoretical contributions contemporaries, the paper of the Education for the democratization of the access to justice to the hipossuficientes, in view of its legal nature of basic right of dignity of the person human being and instrument of social transformation. Such yearning constituted a true effort theoretician-interpretative, looking for to understand the existing relation between right to the Education and Access to Justice in the Brazilian jurisprudence, complaining, therefore, a boarding to interdisciplinary between pedagogy and right. For in such a way, one applied the inductive method and pragmatic approach, of intervention in the conditions of the social reality, as well as a bibliographical research theoretically to base the quarrels excited and existing about the subject: The Democratization of the Access to Justice in the Brazilian Society under the Prism of the Effectiveness of the Right to the Education: A Basic Premise for an Inclusive Jurisdiction. One evidenced, therefore, that the exercise of the citizenship - content of the access to Justice - estimates the concretion of the right the education, by means of which the population will have the ability to become subject of rights, being demanded the effectiveness of rights constitutionally consecrated as not yet enclosed others in the laws and thus to construct to a social space citizen.