ASPECTS OF ACCESS TO JUSTICE IN THE DEMOCRATIC RULE OF LAW

Abstract

The presente paper deals with the access to justice in the context of a Democratic Rule of Law, since the core of this state model is the dignity of the human person, with the prevalence of legality and popular sovereignty, in a way that the fundamental rights of each and every individual must be established and effectively guaranteed. In this regard, access to justice is characterized as an essential right of the individual, which guarantees the materialization of all other rights, so that when it is not observed, it violates the inherent precepts of a Democratic State of Law. Thus, the guarantee of fundamental rights is not restricted to the positivization of these rights and mere access to the judiciary, but involves the adequate resolution of disputes in a timely and fair manner, with the guarantee of constitutional rights. In view of this, the paper also examines the legislative effort to make this right a reality for the brazilians, so that it is possible to characterize Brazil as an effective Democratic Rule of Law, that is still in progress with significant obstacles.