ACCESS TO JUSTICE WITHOUT POSTULATORY CAPACITY: GUARANTEE OR VIOLATION OF HUMAN RIGHTS?

Abstract

Access to justice is a constitutional procedural principle that aims to guarantee everyone the right to plead in court. However, for many times to guarantee this right, it is necessary to appoint a lawyer so that, in view of his prerogatives, he guarantees that the party will have its uproar answered. But, in some cases, this rule is relativized, as can be seen in the Special Courts, whose cause of action does not exceed 20 minimum wages. It happens that this exception often ends up harming the applicant himself due to his lack of technical and legal knowledge. Given these facts, this article aims to analyze whether guaranteeing the parties to access the judiciary even without possessing postulatory capacity would be a guarantee or a violation of human rights. For this analysis, we will use the hypothetical deductive method, where we will seek to correlate the right of the jurisdiction with the absence of postulatory capacity, analyzing whether even with the lack of knowledge, their access to justice autonomously is a guarantee of human rights or if it is a violation in the face of disparity between the parties.