Access to justice:

notes of a social right through the Amartya Sen´s perspective

Abstract

This study aims to address some aspects of the fundamental right of access to justice and also seek to identify its relationship with social rights, through the de velopment and identification of the main features of the fundamental rights dimensions. The Amartya Sen’s view of development as freedom is the theoretical foundation of the study, which seeks to also analyze the different ways that the state has to provide this service, seeking to establish criteria to make viable the best ways to ensure access to justice. It analyzes in detail the alternative of Special Courts and Public Defender’s Office, with relevant critiques to each of these ways to provide access to justice.