Do acesso à justiça: óbices a sua efetividade no Estado da Paraíba.

Abstract

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.