O acesso à justiça no âmbito dos juizados especiais cíveis: uma reflexão necessária à luz do princípio da ordem jurídica justa.

Abstract

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.