THE (IN)JUSTICE OF JUDICIAL POWER: THE ECONOMIC OBSTACLE TO ACCESS TO JUSTICE AND THE SOCIAL RIGHT TO HEALTH

Abstract

Access to justice is a desire and a right of every citizen. Therefore, the intention of this paper will deal with access to justice, and tease out both obstacles developed by Mauro Cappelletti and Bryant Garth (1988), as the "fourth wave" proposed by Kim Economides (1999). In this particular case, it is demonstrated during the Third Seminar Justice and Numbers, presented on September 23, 2010 by Alexandre dos Santos that 63% of conflicts do not come to justice. Thus, it will be detailed economic obstacle, organizational and procedural access to justice Cappelletti and Garth (1988), and also the fourth wave of Economides (1999), for individuals to know the necessity of realization of rights. To have greater clarity about the discussion of this study, we used the presentation of Alexandre dos Santos, representative of IPEA (Applied Economic Research Institute), about the difficulty of access to justice in Brazil, which is influenced by socioeconomic factors. So the rhetorical question arises that where access to justice emerges as a winner speech putting justice as the essence of the judiciary, while having access to the judiciary is the most complete injustice.