Direito Fundamental do acesso efetivo à justiça e o jus postulandi – (in)efetividade do direito de postular sem assistência técnica de advogado face a concepção neocontemporânea do devido processo legal.

Abstract

The analysis of the application of the jus postulandi institute as viable mechanism or not the material access to justice under the new perspective espoused by neoconstitutionalism in which the observance of procedural principles, particularly the Due Process of Law, it is mandatory, is the focal point of this research. The desideratum of this work substantiates up to ascertain the effectiveness of access to justice through the jus postulandi, given the dictates of the principle of Due Process of Law. The study starts from the premise that access to justice is one of the most basic human rights and is still in search of fulfillment, since there are only guaranteed access not merely formal and effective justice, this only achieved compliance with the overriding principle of Due Process and its like. In turn, the Brazilian legal system contemplates jus postulandi, ie the ticket in court without the assistance of counsel, likewise, the Constitution of 1988 argues that the advocacy role is essential to justice, occurring therefore a paradox acceptance of both institutes. To build the research method was used deductive approach, the bibliographical and historical-comparative methods as procedure and, the indirect documentation as a research technique. The research is structured into four distinct periods. At first presents the ideals espoused by the neoconstitutionalism, attributing the principles, especially the Due Process of Law's character and guiding the modern processualistic propelling element of fair access to justice and effective. Subsequently, in the second and third chapters, respectively, are externalized features access to justice and the phrase jus postulandi from a critical analysis of the institutes, listing concepts, origin, disciplining and legal characteristics. In ultimatum, based on the teleological and material principles, norms and constitutional guidelines, realizes the ineffectiveness expressive material and fair access to justice when the individual posits in court without a lawyer present technique, since the spot flagrantly dictates evidenced by the principle of Due Process of Law, greatly Parity of weapons, the Contradictory and Wide Defense.