ACCESS TO JUSTICE AND THE SOCIETY OF FATIGUE: A CONTRAST BETWEEN GUARANTEEING RIGHTS AND DEMANDS FOR PRODUCTIVITY

Abstract

This article analyzes Mauro Cappelletti and Bryant Garth's concept of access to justice, focusing on the Brazilian legal reality and the various reforms to the system that sought to provide greater access to judicial mechanisms and remedies. In turn, it sought to observe that the increase in the number of people accessing justice mechanisms also impacted the functioning and productivity of judicial bodies. The methodology employed was dialectical-comparative, utilizing bibliographical and documentary research, as well as institutional data from the Brazilian justice system. It sought to observe the tension between the increased number of lawsuits resulting from the implementation of access to justice mechanisms and a greater demand for productivity. In other words, the counterpoint between access to justice and the pressure for productivity. It concludes that addressing this situation requires rethinking not only the administrative and procedural structure of the Judiciary, but also the cultural foundations that underpin the current justice model, in order to make it more humane, inclusive, and effective.