Revisitando a concepção de acesso à justiça a partir da obra de Cappelletti e Garth

Abstract

The present article aims to revisit the Florence Project Report, authored by Mauro Cappelletti and Bryant Garth, published in Brazil with the title "Access to Justice", from which it was possible to make a clear distinction between expressions access justice and access to the jurisdiction. The research includes the theoretical issues related to access to justice as an intrinsic part to the realization of fundamental rights, which must necessarily be examined from the perspective of a constitutional democracy, seeking to effect the guarantees established in each legal system by stablishing measures to enable the right of access to justice in a large and dialogical conception. The three waves respectively called "The Legal Assistance to People Experiencing Poverty"; "The Representation of Diffuse Rights" and "From Access to Representation in Court to a Broader Conception of Access to Justice" proposed by Cappelletti and Garth in the 70s, dug the first foundations of the search for a more accessible jurisdiction, fueling a movement for the expansion of effective legitmation for judicial actions, but also for procedures able to establish the necessary conditions to enable the rights identified at that time. The methodology anchored in the deductive approach and in the research of technical literature. The results obtained from the analysis of the work allow us to verify the need to adapt them to the protection of fundamental rights paradigm that requires, in turn, a more consistent expansion of access to a wide fundamental rights protection system, so to actually effect such protection beyond mere access to the courts. It concludes that, despite representing, at the time of preparation, a groundbreaking movement on access to justice, the work of Cappelletti and Garth became insufficient to meet the challenges brought by the constitutionalization of rights.