THE FUNDAMENTAL RIGHT TO ACCESS TO JUSTICE: OBSTACLES ENCOUNTERED BY THE HIPOSUFFICIENT IN THE CONTEXT OF THE PUBLIC DEFENSE

Abstract

This article addresses the fundamental principle of the right to access to justice in the context of Brazilian Law, highlighting the persistent difficulties in its implementation. The objective is to examine this right, especially related to individuals considered hypo-sufficient. To this end, a historical analysis of the Public Defender's Office will be carried out as an institution responsible for guaranteeing access to justice, revealing the current situation of this entity in Brazil. The research shows that the Public Defender's Office needs significant improvements to fully fulfill its mission of ensuring the rights of individuals. Furthermore, the article identifies several obstacles highlighted by the doctrine that hinder access to justice, including economic and cultural vulnerability, as well as the lack of information that affects the less privileged classes, generating distrust in judicial institutions. The concept of hyposufficiency is also deepened, highlighting its complexity, which goes beyond economic factors and encompasses social, cultural and informational aspects, reflecting the scope of this term today. The analysis of these points reveals the challenges faced by the Public Defender's Office, a vital function in the justice system, which is still unable to fully guarantee the fundamental rights of the people most in need, due to the lack of infrastructure, insufficient investment and, ultimately, negligence by part of the Public Power.