O The prelude of access to justice to the vulnerable in Brazil

Abstract

In the Brazilian scenario, redemocratized and marked by social and economic inequalities,
policies of access to health, education and security are usually emphasized as fundamental.
However, the relevance of access to justice also draws attention, especially for the most
vulnerable classes of the population. This is because access to justice is an essential support
in a regime that claims to be democratic and plural, and still proves to be a condition for
the exercise of other social rights. Therefore, given the relevance of the theme, this study
aims at analyzing what mechanisms the State has developed to promote access to justice
for the vulnerable. This is a qualitative study, which applies methods of documentary analysis of content and discourse, reconstituting historically the perception of this theme
as a political problem in Brazil, until the moment when a specific public policy was adopted
to guarantee the access. Several mechanisms developed for this purpose have been
identified, such as the possibility to sue in Special Courts without a lawyer; jus postulandi
in the Labor Court; arbitration, conciliation and mediation. In addition to these policies,
and by the examination of laws, Federal Constitutions and other documents, a process
of formulating a specific public policy for this purpose was identified, which is currently
conducted by a specific institution: the Public Defender’s Office.