O instituto do jus postulandi e a garantia de acesso à justiça

Abstract

The capacity to postulate is a procedural guarantee for the validity of a lawsuit and, according to the OAB Statute, it’s a lawyer´s inherent prerrogative. In the Labor Law branch, in Habeas Corpus and in state and federal Special Courts, there is the prediction of jus postulandi, which is the dismissal of the lawyer assistance to litigate in the courts. This exemption, however, provides only an apparent access to justice, for the person who doesn’t have this assistance ends up having his right of broad defense and contradictory principles mitigated, resulting in the inefficiency of judicial protection. The right of postulating at the court without a lawyer assistance concerns, in most cases, the ones who are in a prosecution disadvantage, involving undisposable rights and aggravating the affront to the constitutional guarantees.