MEASURES FOR ACCESS TO JUSTICE IN A TIME OF HYPERRALITY

Abstract

The scope of this article is to study the measures adopted by the Judiciary to guarantee access to justice in times of pandemic through technological means and hyper-orality. Here, far from seeking to exhaust the theme, we sought to analyze the effectiveness of the means used by the Judiciary in the pandemic period under the qualitative aspect, since the numbers released by the CNJ and STJ reveal the distortion in the idea of ​​access to justice, since the quantitative aspect, that is, the number of demands filed vs. claims judged. The issue is reverted from such current and evident social relevance, in view of the impacts caused by the pandemic on society, including with regard to the constitutional guarantee of access to justice through the principle of inescapability of jurisdictional control. The objective, therefore, is to present how access to justice takes place in the Brazilian legal system, to compare it with the means adopted by the Judiciary to maintain this right in a pandemic period with a period of social normality. It is, therefore, a descriptive, qualitative study, with a deductive analysis method, in order to analyze the adaptations made by the Judiciary to guarantee the population's access to justice, guided by doctrinal understandings: CAPPELLETTI (1988), LEITE (2021), GARCIA (2021), among others, in addition to the analysis of Laws, Decrees and General Standards.