Abstract

This article sought to promote a systematic reflection on Free Legal Assistance and the gratuitousness of justice in Civil Procedure. In this context, the following guiding question was adopted: what hinders, facilitates or interferes with the granting of the benefits of Free Legal Assistance and Free Justice, in the broad sense and in the strict sense, in the systematic procedural conception, in the face of judicial decisions of deferral, denial and revocation of the granting of the benefit? Aiming to address the concepts, definitions, their procedural aspect and their application in the execution phase of the sentence. Therefore, the inductive method was used as a research tool for Doctrine and Jurisprudence, in order to identify what hinders, facilitates or interferes in the granting of the benefits of Legal Assistance. Thus, through this research, it was possible to observe that the guarantee of free justice involves only procedural expenses and attorney fees, being granted to the party as long as these prove the precariousness of resources. Therefore, the Civil Procedure Code promotes the application of procedural equality to reach justice for all those who are underprivileged and in social exclusion and who may need state jurisdictional support.

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