O pobre e o processo civil: da constituição à realidade, uma visão do acesso à justiça.

Abstract

This work of bibliographical research went through with looking for a poverty definition focusing the concrete of poor man, searching in several social sciences the definition of poverty and necessity. Hereby putting multifarious character of poverty and exclusion. In succession, a historical and critical consideration of constitutional institutes concerning to civil process, under point of view of the poor and his access to the justice, throw light on the hypothesis that warrantist ambient of institutes as contradictory, huge defense, due process of law, perfect juridical act, final sentence and acquired right can put obstacle to the poor's access to justice and legal process. Investing with a focusing sequence, it treated the access to justice going to access to legal process at the end to the judicial decision. It justifies that iter with the parallel to another sequence: the one of rights those transform in law, and this, for this once, in judicial decision. At this sequence, it contemplate the need of concrete case, well let it be so, the singular poor's case, be homage by effective and symbolically more eminent: the judicial decision. Poverty's theme is taken of studies of Pedro Demo, Pierre Bourdieu, Simon Schwartzman, Bader Sawaia and especially, Amartya Sen, and anothers. Procedural studies issues are from Luis Guilherrme Marinoni, Alberto Moreira CamifSo, Humberto Teodoro Junior, going trough theories of John Rawls, Ronald Dworkin and others.