Aspects regarding the evolution and recognition of the right to free access to justice

Abstract

The issue of free access to justice is widely debated, both in the literature and in jurisprudence, the institution being distinguished by nuanced approaches depending on the branch of law that claims access to justice as a specific institution. Over time, free access to justice has been established as a fundamental principle of achieving justice, along with the principles of legality, good administration of justice, ensuring a fair trial, publicity of the trial, impartiality of the judge, and proportionality in the application of sanctions. Thus, given the reasoning that the most effective remedy for acts or acts of violation of subjective rights, including fundamental rights, or legitimate interests, is justice, which involves options and solutions based on the demands of justice, morality and fairness both in the process of drafting the law, as well as in the process of applying the legal norms, we set out to carry out a scientific approach on the evolution and consecration of the right of free access to justice from the ancient period to the present.