Access to Justice and the Instrumentality of the Legal Process
How to cite: Ferreira, A. Access to Justice and the Instrumentality of the Legal Process. Preprints 2024, 2024101793. https://doi.org/10.20944/preprints202410.1793.v1 Ferreira, A. Access to Justice and the Instrumentality of the Legal Process. Preprints 2024, 2024101793. https://doi.org/10.20944/preprints202410.1793.v1
Abstract
This article study was developed based on the relationship between access to justice and the instrumentality of the legal process, aiming to assess the effectiveness of the constitutional principle enshrined in Article 5, item XXXV: “the law shall not exclude any injury or threat to a right from the consideration of the Judiciary” (BRAZIL, 2008, p.27). To achieve this goal, the concept of justice was examined, as well as the definition and evolution of access to justice within legal science. In light of these concepts, it became possible to establish a connection between access to justice and the instrumentality of the legal process. This analysis reveals that the State has not yet achieved sufficient efficiency in providing support to its less favored citizens in facilitating access to justice.
Keywords
Justice; Access to justice; Effectiveness; Barriers to judicial protection; Instrumentality of the legal process; Constitutional guarantee
Subject
Copyright: This is an open access article distributed under the Creative Commons Attribution License which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited.
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