Analysis of the concept of «access to court» in judicial practice

Abstract

The right to access to justice is an element of the inalienable right of a citizen, a right protected by the constitution itself. The principles governing the rights of access to justice are the inalienability of the jurisdiction from which the constitutional processes are initiated, enshrining the guarantee of the fundamental right. From this analysis, it is intended to question the guarantees and principles that provide for human rights, supported by judicial guarantees, in order to fully implement basic and social rights that raise, develop, guarantee the maximum amount of life in its fullness. Access to justice does not mean that it merely provides an opportunity to initiate proceedings, but rather that the process achieves a just, satisfactory and effective resolution.
 Access to justice has two main goals: the first is that the judicial system is accessible and egalitarian for all citizens, and the second is that outcomes are fair to individuals in society. The concept of access to justice has undergone several transformations over time. One perspective was to guarantee the citizen access to the judiciary and consider it as an instrument of jurisdiction with social goals, forcing the population to assert more and more of their rights, using the legal process as a means. However, access to justice is a fundamental right of great importance, it is a public right, which a democratic legal state is obliged to guarantee and ensure; This is a subjective right that is part of human dignity.
 Every person has the right to demand from the state proper protection of his rights and maximum space for the court. Based on this statement, it is the duty of the state to structure itself in such a way as to exercise judicial rights through the pedagogy of improving and modernizing the legal order, considering the parameters of justice, efficiency and speed.