FALLIBILITY OF JUS POSTULANDI IN SMALL CIVIL COURT: FORMAL ACCESS VERSUS MATERIAL JUSTICE

Abstract

This article aims to address the concept of jus postulandi as a mechanism for access to justice, through the analysis of judicial protection from a theoretical perspective. To achieve the purpose of this study, the chosen methodology is exploratory research, employing the technique of bibliographic review and a qualitative approach. It is asserted that this article does not exhaust the subject matter; however, it seeks to shed light on an important topic of social relevance, namely the pursuit of effective and efficient access to justice. In the final analysis, it was clarified that jus postulandi indeed enables citizens to access the justice system, yet it does not guarantee effective judicial protection. Therefore, this article proves to be relevant in all aspects and, without a doubt, the objectives have been fully achieved.