Uma análise da educação jurídica popular como meio democratizador do Direito Constitucional ao acesso à justiça

Abstract

In the present work, the access to justice is investigated based on the Brazilian historical process, in parallel with the analysis of popular legal education and its democratizing role in this context. The main regulations in force in Brazil are discussed, in addition to the theoretical references on the subject, including Mauro Cappelletti, Bryant Garth, Paulo Freire and Boaventura de Souza Santos. Furthermore, the use of Law as a development tool capable of alleviating the consequences of poverty is studied, when instrumented based on the individuality of each case. The methodological strategy adopted was the qualitative approach, analyzing scientific and legislative texts that corroborate the proposed study. The technique used consists of documentary and bibliographic research, supporting a theoretical research, as it does not result in intervention in practical reality. The origins of the fundamental right of access to justice are explained from the “renewal waves”, a theory of paramount importance for the analysis of possible assistance systems in the context of seeking access to the judicial service. It discusses some instruments implemented by the Brazilian State to facilitate access to justice, such as the institutionalization of Special Courts, the Public Defender's Office and the subsequent need to regulate collective conflicts. Popular education is conceptualized and its importance for the greater effectiveness of procedural instruments, given the examples of its implementation in the context of model offices and popular university legal advisers, noting the difference between the use of techniques such as advice and assistance in these models. It appears that none of the state instruments created so far to encourage access to justice, even if insufficient, are unnecessary, in fact, they are part of a whole that will be completed when socioeconomic factors no longer influence access to justice. The conclusion is that there is no recipe for providing a system that fully enables access to the judiciary, but that the most profitable direction points to the possibility of instrumentalizing the Law by the poorest layers, always importing reflection and questioning in any area of knowledge. Keywords: right to justice; popular legal education; alternative popular right; legal advice and assistance.