ACCESS TO JUSTICE, EFFECTIVENESS AND PUBLIC POLICIES: A CRITICAL ANALYSIS OF THE CRISIS OF THE JUSTICE SYSTEM IN BRAZIL FROM AN INTERNATIONAL COMPARATIVE PERSPECTIVE

Abstract

This article analyzes the effectiveness crisis of the Brazilian justice system by distinguishing formal access to courts from material access to useful, timely and enforceable institutional responses. The research problem is to examine to what extent public policies involving screening, mediation, digital inclusion, tax enforcement management and data-based governance can reduce court overload without weakening the constitutional guarantee of access to justice. The study adopts a qualitative approach, deductive reasoning and bibliographic-documentary procedures, supported by official data from the National Council of Justice and a functional comparison with Portugal and Spain within the European legal context, the United States with a limited reference to Florida state mediation law, and Japan. The results indicate that the Brazilian crisis does not arise only from the number of cases, but from weak prevention, inadequate institutional routing and limited enforcement. The article concludes that access to justice should be treated as a public policy of conflict governance, connecting adjudication, qualified mediation, assisted technology and procedural rationalization.