Are the Haves Getting Even More Ahead Than Ever? Reflections on the Political Choices Concerning Access to Justice in Brazil in the Search of a New Agenda

25 Pages Posted: 11 Jul 2017

See all articles by Daniela Monteiro Gabbay

Daniela Monteiro Gabbay

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Maria Cecília de Araujo Asperti

São Paulo Law School of Fundação Getulio Vargas FGV DIREITO SP

Susana Henriques da Costa

University of Sao Paulo - Faculdade de Direito

Date Written: July 7, 2017

Abstract

This paper has the intention of rescuing and re-signifying the agenda of access to justice from the perspective of the political choices that motivated important legal frameworks in Brazil, specifically the creation of the small claims courts, class action regulations, the Judiciary Reform and the promulgation of a New Civil Procedural code. The focus of this study is not only to look at who access justice and how they do it, but also to the political choices that have been made concerning access to justice in Brazil in recent years, having as premise that the blanket is short and access for all is an unfeasible goal. The purpose of this article is to analyze normative texts and legislative debates that preceded relevant legal frameworks to extract and reflect upon the (explicit or implicit) political choices that impact access to justice in Brazil. Considering that these political choices greatly impact the relationship and imbalance of powers between RPs and OSs in the litigation game, the paper analyzed the winning and defeated normative discourses behind the legal frameworks related to access to justice.

Keywords: The Access to Justice in Brazil, Political and Legislative Choices, The Winning and Defeated Normative Discourses, The Redistribution of Access to Justice: Access for All as an Unfeasible Goal

Suggested Citation

Gabbay, Daniela Monteiro and de Araujo Asperti, Maria Cecília and Costa, Susana Henriques da, Are the Haves Getting Even More Ahead Than Ever? Reflections on the Political Choices Concerning Access to Justice in Brazil in the Search of a New Agenda (July 7, 2017). FGV Direito SP Research Paper Series n. 158, Available at SSRN: https://ssrn.com/abstract=2998779 or http://dx.doi.org/10.2139/ssrn.2998779

Daniela Monteiro Gabbay (Contact Author)

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

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

Maria Cecília De Araujo Asperti

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

R. Rocha, 233, Bela Vista
São Paulo, 01330-000
Brazil

Susana Henriques da Costa

University of Sao Paulo - Faculdade de Direito ( email )

Largo São Francisco, 95 Prédio Anexo
São Paulo, São Paulo 01005-010
Brazil

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