A garantia constitucional do acesso à justiça e a limitação desse direito aos hipossuficientes no âmbito da defensoria pública

Abstract

The constitutional guarantee of justice access and the restriction of that right to hyposuficients in the field of the public defense

The present essay, starting from a perspective of the constitutional precepts and the Civil Procedure, aims to deal with the guarantee of the justice access, especially, in regard to the individuals that are considered underprivileged. In order to do so, a historical analysis of the use of the terminology justice access will be made at different moments in society, as well as some of the main obstacles pointed out by the doctrine so that justice access can be achieved by individuals. Futhermore, the research will make some considerations about what can be understood by the term underprivileged, demonstrating the amplitude that this expression holds nowadays, outdoing the economic order factor. In addition, considerations will be made regarding the Public Defender's Office, considered essential to the achievement of justice access, and, also, presenting the actuality of such institution in Brazil, evidencing, after the research, that it still needs its relevant and essential points to be improved so that it can effectively fulfill all that it intends to assure individuals.