Acesso à justiça: análise dos atuais obstáculos e insuficiência da via judicial para sua efetivação

Abstract

This study aimed to conduct a critical analysis of the concept and historical evolution of access to justice, as well as to identify the main contemporary obstacles to its effectiveness. It was observed that the issue is often reduced to the mere possibility of resorting to the Judiciary, being confused with the subjective right of action. The research began with the analysis of institutional data, especially those produced by the National Council of Justice (CNJ), such as public satisfaction indices regarding the services provided. Despite significant investments in the Brazilian judicial system, high levels of litigation and procedural delay persist, compromising the quality of institutional responses. Based on bibliographic and documentary review, the trajectory of the concept of access to rights was traced, highlighting the need for a broader understanding. It was found that traditional legal channels, although relevant, are insufficient to ensure the effectiveness of rights in their social dimension. Therefore, the study advocated for the enhancement of extrajudicial dispute resolution mechanisms, such as mediation, conciliation, and arbitration, which offer greater agility, appropriateness, and sensitivity to the specificities of each case. The research proposed the construction of a new theoretical framework aimed at a more democratic and inclusive legal order, emphasizing the concepts of direct access to rights and shared jurisdiction. It was concluded that it is essential to promote public policies focused on early and preventive conflict resolution, with coordinated action by the Executive and Legislative branches, in order to avoid excessive judicialization and foster a culture of more accessible and effective solutions to social disputes.