As dimensões do acesso à justiça e a sua relação com os núcleos de prática juridica das instituições de ensino superior

Abstract

This work is meant to study the phenomenon of access to justice from the perspective of the constitutional guarantee that no injury or threat will be out of appreciation of judicial power. It starts with a historical approach about the conflict s nature, followed by the formation of the society and the State, as well as the concepts of law and justice. It is primarily guided by the analysis of accessibility focused on the traditional format of justice, that is, through the perspective of legal access, without, obviously, eliminating the possibility of access to a fair legal system as an alternative for dispute settlement. Government intervention also played a key role in ensuring citizenship rights by creating public defenders through Complementary Law 80/1994. However, it does not seem to be enough to a satisfactorily protection, despite the rule, considering that it must benefit those who have a lack of resources and knowledge, according to the law. At present days, the Judicial Power, through the work of the National Council of Justice, has been trying to provide less bureaucratic justice procedures, as well as a better access for those historically without state protection. To achieve the research objectives, the role played by the Stage Departments of Higher Education Institutions, currently called Legal Practice Centers, was analyzed. They seem, as well, to have the purpose of establishing the main theoretical and practical outlines for applying the fundamental premises that colleges can play in this process, that is, a fundamental task for the instrumentalization of access to justice, even reaching an important social function. The methodology was the exploratory research, with specific methods, such as case-studies and action-researches, in order not only to identify the reality studied, but also to propose applicable hypothesis to the problems solution. Through the collected data, it was possible to identify that 1,138 (one thousand one hundred thirty-eight) people, from October 2010 to April 2014, have been benefited by the free assistance services provided by the institution studied, with different kinds of judicial processes. The present research, so, could conclude that the higher education institutions have the possibility, in partnership with the constitutional role of public defenders, become an extraordinary tool of access to justice.