THE RIGHT TO ACCESS TO JUSTICE IN BRAZIL

A STUDY ON ITS EVOLUTION IN BRAZILIAN CONSTITUTIONS

Abstract

The right to access justice is one of the most important topics in the study of law, but it is not possible to state precisely when such a right emerged. However, there are signs of concern with access to justice since the Code of Hammurabi (21st to 17th centuries BC). In Brazil, it appeared explicitly for the first time in the 1946 Constitution, but due to movements on the part of politicians and government officials, this right was not exercised in practice, existing only on paper. With the enactment of the “Citizen Constitution” of 1988, access to justice was effectively ensured to all Brazilians and residents of the country, in its article 5, item XXXV, as a fundamental right. The present study had, therefore, as a general objective to verify and analyze the historical evolution of the access to Justice in the Brazilian Constitutions. Despite the constitutional provision of access to justice, there is still a lot to be done so that the people have a dignified and effective access to justice, because with the ease of access to the Judiciary, the system is collapsing, not supporting the amount of filed demands, requiring other means to relieve the judicial crisis, such as the creation of Special Courts.