Justice gap e a metateoria do direito fraterno: uma análise da efetividade da função jurisdicional do Estado brasileiro

Abstract

This dissertation investigates the phenomenon of the Justice Gap — the disparity between formally guaranteed rights and their practical realization — within the Brazilian judicial system. Through historical and structural analysis, the study identifies socioeconomic, geographic, and cultural barriers that perpetuate inequalities in access to justice, particularly affecting vulnerable groups. The methodology combines doctrinal review, quantitative data analysis from IBGE, CNJ, and World Justice Project, and case studies such as the Brumadinho disaster. Results reveal significant correlations between income, education, and access to justice: states with lower household income and higher illiteracy rates exhibit critical levels of legal exclusion. The research evaluates procedural mechanisms such as Jus Postulandi, Special Courts, and enforcement measures, highlighting their inadequacy in addressing systemic delays, linguistic complexity, and centralization. As an alternative, the study advocates for the integration of Fraternal Law (Eligio Resta) and restorative justice to foster a more dialogic and decentralized system. The conclusion emphasizes that reducing the Justice Gap requires multidimensional reforms: expansion of public defender services, legal education for marginalized communities, technological integration, and policies aligned with the Sustainable Development Goals. The work underscores the urgency of transforming the judiciary into a tool for social emancipation, overcoming colonial structures of exclusion.