THE SPECIAL COURTS: THE PROMOTION AND DEMOCRATIZATION OFF ACCESS TO JUSTICE

Abstract

This study analyzes the legislative evolution and the effectiveness of the Special Courts in Brazil, focusing on the dichotomy between the original purpose of Law nº 9.099/95 and the current practical overload of the Judiciary. The research, with a theoretical approach, is grounded in Cappelletti and Garth’s theory of the waves of access to justice, investigating the empirical application of guiding principles. The development examines the impact of the progressive expansion of the jurisdiction of this subsystem and the recent transition to the virtualization of procedural acts, driven by initiatives such as 100% Digital Court. It is observed that the gap between the legislator’s intent and the procedural routine of judicial districts generates a practical crisis of effectiveness. It is concluded that, although the Special Courts remain an indispensable instrument for the democratization of judicial protection, they require continuous structural adjustments so that high demand and digitalization do not distort their expeditious and conciliatory essence.