O acesso à justiça como preceito constitucional e sua eficácia no ordenamento jurídico brasileiro.

Abstract

This work deals on Access to Justice as a constitutional precept and your effectiveness, through facilitating mechanisms to the full exercise of citizenship in the Brazilian legal system. From this perspective, check the access to justice belongs to the list of fundamental rights, according to the item LXXIV of art. 5º of the Federal Constitution of 1988. It is noteworthy, that the prestacional nature of human right require positive actions to the government, for completely and efficiently request, exercise your right to jurisdiction. It turns out the mass of the judicialization and the litigation culture preclude a satisfactory solution to the parties, overloading the Brazilian judiciary. Indeed, the legal protection of the State, must gather a sum of efforts to ensure a satisfactory assistance to individuals, to achieve social justice. Therefore use the deductive method, based on the analysis of access to justice as a constitutional precept to verify your effectiveness in Brazilian law. As a procedure method, uses historical evolution, through the study of previous Constitutions and your evolution. Furthermore, use the method exegetical-legal to understand the real intention of the legislature to ensure access to justice. As research technique used the indirect documentation, and library research. Its main results of the recognition of the dispute culture and legalization as increasing the number of demands on the judiciary; awareness of the people and government for the implementation of effective measures to enable access to justice; and the tendency of Justice to encourage alternative means of dispute resolution to ease the excessive number of lawsuits in the Brazilian legal system.