What Kind of Judiciary Do We Want? The Access to Justice in Brazil

16 Pages Posted: 4 Oct 2013 Last revised: 3 Apr 2017

See all articles by Luciana Gross Cunha

Luciana Gross Cunha

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Date Written: August 2, 2013

Abstract

The goal of this paper is to discuss a key issue in the Democratic Rule of Law State: what are the role and main functions of the Judiciary in Brazil?

Is the Judiciary mainly a public service provider, adjudicating disputes and guaranteeing individual rights? Or also as a state power, it should mainly control and guide the moral values of the society, changing the status quo and reducing social conflicts? In this sense, what are the conflicts that must be examined by the Judiciary?

We will seek to answer these questions based on a discussion subsidized by courts official statistics and the results of surveys conducted with the Brazilian general population. The surveys measured how do citizens feel about their judicial system and what are the circumstances and the facts that determine the judicialization of conflicts. We work with the perceptions and attitudes of citizens relating to the Judiciary as it is today and discuss the Judiciary they want. Then, we compare how attitudes and perceptions relate to actual behavior and use of courts.

Suggested Citation

Cunha, Luciana Gross, What Kind of Judiciary Do We Want? The Access to Justice in Brazil (August 2, 2013). FGV Direito GV Research Paper Series No. 05, Available at SSRN: https://ssrn.com/abstract=2335147 or http://dx.doi.org/10.2139/ssrn.2335147

Luciana Gross Cunha (Contact Author)

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP ( email )

Rua Rocha, 233 - 9º andar
São Paulo, SP 01330-000
Brazil
55 11 32813420 (Phone)

HOME PAGE: http://www.direitogv.com.br

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