The Indispensable Reform and the Judiciary as Corollaries Access to Justice

Abstract

Access to justice does not limit itself to the sole faculty of adjudicating or contesting a given action. This rather simple notion has left juridical and jurisdictional theory and practice a while ago. In order for the magnitude of this institute be achieved, it is neces- sary to analyze Right and judicial power, taking into consideration the historical contin- gency, the juridical-evaluative changes and, therefore, the very notion of jurisdiction. The understanding of rights and wrongs of the past is obligatory to understanding the present and projecting oneself into the future. This connection between today and tomorrow shall illuminate the true reach of the access to justice. On the other hand, working the new, held tight against the walls of the past, is denying or, at least, blurring the unders- tanding that is desired as answer to social demand taken to accountability in a judicial decision. It is, hence, essential to transcend times without falling in the trap of discussing once more the theories of the past. It does not mean denying them, but respecting their content, while considering the historical contingency to which they were submitted to. The notion of access to justice, then, should be attached to the theories of its own time, separated from those of  long gone periods. It is denying access to justice when one does not allow a theory in which one can understand the ‘action’ as a fundamental right and deserving of the utmost protection by the State because it truly and effectively guards certain rights. In this point, the performance of the judge is of vital importance for the civil procedure to fulfill its constitutional function of delivering to the claimants an ade- quate, timely and effective judicial protection. That is why the vision and the concept of jurisdiction are equally relevant.