THE EFFECTIVENESS OF SPECIAL COURTS IN RESOLVING LOW COMPLEXITY CONFLICTS: A STUDY ON SPEED AND ACCESS TO JUSTICE

Abstract

This research focuses on the effectiveness of Small Claims Courts in resolving low-complexity conflicts, with a focus on speed and access to justice for people in situations of social vulnerability. The problem investigated seeks to answer the following question: are Small Claims Courts fulfilling their initial purpose of offering fast and accessible justice, especially for people with little or no access to legal support? The general objective was to assess whether Small Claims Courts are fulfilling this purpose, considering their functioning in practice and the effective promotion of fast and accessible justice. In addition, the specific objectives analyzed the role of the Public Defender's Office and attorneys on duty, examined the impacts of digitalization and the use of electronic forms in the process, and identified the main obstacles faced by users, based on recent data from the Public Defender's Office of the Union. The choice of the theme is justified given the challenges imposed by social and technological inequalities that still affect real access to justice in Brazil. Finally, the research sought to understand how the Small Claims Court system is experienced by the population in practice: whether with effectiveness, frustration, hope, or difficulties. The methodology adopted was bibliographic and documentary research, based on updated institutional materials and recent academic works, selected based on criteria of timeliness and relevance. The results indicate that, although the Special Courts have expanded access to justice, structural bottlenecks persist, especially in the Public Defender's Office and in digital inclusion. Illiteracy and digital exclusion continue to be barriers to the effectiveness of the model, requiring integrated improvement measures.