LEMOS, J. E. S.; http://lattes.cnpq.br/5953738397104312; LEMOS, José Erick Soares.
Resumen:
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.