ACCESS TO JUSTICE AND CLARIFICATION OF THE ROLE OF THE JUDICIARY IN THE FACE OF THE NEED TO APPLY EQUALITY AND IMPROVE THE RIGHTS OF MINORITIES.:“IT IS NOT ENOUGH FOR EVERYONE TO BE EQUAL BEFORE THE LAW. THE LAW MUST BE EQUAL TO EVERYONE”

Abstract

 Access to justice at every moment was a contradiction in all States and was highlighted as a basic right in most countries. Even so, access to justice in itself does not guarantee the validity of the rights demanded, much less the rights of minorities and vulnerable groups, because the treatment given to them is egalitarian in legal form. This position of the judiciary often makes it difficult to realize basic rights. Therefore, this research aims to solve the problem of access to justice and to clarify the role of judicial institutions when facing the need to apply substantive equality in the face of the realization of minority rights. This research is theoretical in nature, which is carried out from a bibliographic investigation. The methodology of point of view, applied is the hypothetical-deductive in order to demonstrate that the Judiciary, has an important role that goes beyond the access to justice: the realization of the fundamental rights sought, before a different public, referring to this, the need to treat equals equally and unequals unequally, according to their inequalities, always observing due legal process.