LIMA, F. S.; LIMA, Francisco de Sousa.
Résumé:
Access to justice is a fundamental right foreseen in the list of the fundamental rights
and guarantees of the Federal Constitution of 1988, and the Public Power, and in
particular, the Public Power of the State of Paraíba, must create conditions that will
allow its effective concretization. In this scenario, the present work seeks to analyze
the effectiveness of the rights of access to justice in the Brazilian legal system,
identifying possible barriers to its effective implementation, especially regarding
institutes of free legal assistance and free justice for those most in need. From this
point of view, it is questioned whether the Public Defender's Office of the State of
Paraíba fulfills its role of providing full, free and quality legal assistance to the most
needy and if the values of the judicial costs charged in this State constitute an
obstacle to the realization of that fundamental right . The study was structured in
three chapters, the first of which is a study on the evolution of this guarantee in
Brazilian constitutions, as well as an analysis of the renewal waves of access to
justice that pointed out, among other barriers to access, the lack of free legal
assistance and high judicial costs. In the second chapter, a profile of Public
Defender's Offices in Brazil is outlined, emphasizing the Public Defender's Office of
the State of Paraíba, using data provided by the National Council of Justice, Public
Defender's Office and Court of Accounts of the State of Paraíba. In the third, in
addition to conducting a study on the possibility of granting the gratuitousness of
justice provided for in the Code of Civil Procedure of 2015, an analysis is made of
judicial costs, their legal nature and, especially, if the high amounts charged by the
State of Paraíba constitute an obstacle to the exercise of the right of access to
justice. The method of approach used in this work will be the deductive, since it will
start from the analysis of access to justice verifying which obstacles created by the
Judiciary of Paraíba for effective implementation of such right, considering the high
court costs. For that, the historical-evolutionary and exegetical-legal procedural
methods will be used. Regarding the nature of the research, the adopted strand is
the qualitative research, considering the social importance that surrounds the theme.
The research may be classified as technical procedure as bibliographical, as
elaborated from laws, books, internet, articles of periodicals and statistical data
released by public agencies. Based on the study, barriers to access to justice in the
State of Paraíba were identified, since the State Public Defender does not fully fulfill
its function of providing legal assistance, since in some of the Pará counties there is
at least one Public Defender acting, in addition to the fact that Paraíba has one of the
highest values for legal costs, thus constituting real obstacles to access to justice.
