A Critical View of the Access to Justice in Brazil

Abstract

This article makes critical analyze the access to justice. Beside the concept of this great juridical issue, the main approach is the model and consequences of the free legal aid adopted by Brazilian law system. The study points the problems faced by the country caused by a wrong and incomplete way to provide access to justice. Thru the article, is shown incredible numbers provided by the “Conselho Nacional de Justica about new lawsuits and the stock of them in Brazilian legal system. In addition, the numbers presented are analyzed and confronted with the free legal aid system which foster the litigation. The article points the problem, its consequences and considerations that could solve the problematic experienced by the Brazilian society. From there, some suggestions are made using concepts and responses obtained with an economic analysis of law as creating more requirements to the concession of the free legal aid. The methodology used is deductive and it is used bibliographical research and case law for the achievement of the study. The result ascertained is that the Brazilian free legal aid model needs urgently a change and because of this, the article finishes proposing new solutions that can solve the presented problem.