AMORIM, M. M.; http://lattes.cnpq.br/5918573560773127; AMORIM, Marília Medeiros de.
Résumé:
The process of social exclusion in contemporary society denies the legitimacy
of a Social Democratic State of Law and becomes a pervasive problem in the
realization of fundamental rights, overwhelmingly the fundamental right of
access to justice. Within this context, this research addresses the key nuances
of the fundamental right of access to justice, emphasizing the very core of the
Special Civil Courts in Brazilian law, aiming to analyze, from the main
contemporary theoretical contributions, the actual scope of access to justice
under the special civil courts in the light of Article 9 of Law 9.099/95. This
longing is real effort into theoretical and interpretive, seeking to answer the
following question: access to justice would be linked to the necessary presence
of a lawyer at all times during the procedure of the Special Civil Court? As a
hypothesis, it appears that yes and that the absence of counsel implies the
consequent unconstitutionality of art. 9 of the Act discussed. To do so, it will use
as research method and the hypothetical-deductive method as the systematic
procedural, aided by the legal-exegetical, using the technique of literature. As a
result, it appears that the systematic rules of special courts civil maximizes the
value of the guiding principles of the Courts, thus perpetuating the mere access
to formal justice, which is the simple admission procedure, without ensuring that
the jurisdiction over the ideal to pursue and obtain, where possible, the fullness
of just legal order.
