Acesso à justiça: a contribuição para a sociedade contemporânea das Serventias Judiciais como alternativa ao Poder Judiciário

Abstract

It analyzes access to justice as a fundamental right, which is also an essential condition for the realization of the other basic fundamental rights for a dignified human existence. It studies the historical development of the dimensions of fundamental rights and their characteristics in the national legal order. On the other hand, it verifies the restrictions on the effective exercise of access to justice that most compromise this right and jeopardize social harmony. A parallel is made between the philosophical theories of Ihering and Rousseau, in order to demonstrate that access to justice is the legitimate way of fighting for rights. It analyzes the extra-judicial services as an alternative to the effective access to justice, thus, it deals with the history and importance of notary and registry activity within striking civilizations, followed by an approach to the foundations and the principiological base that Legal and notarial law. At that time, it deals with extrajudicial procedures that are carried out by notaries and registrars, who guarantee access to justice and unclog the Judiciary. Methodologically allied with the bibliographic research with the analytical research of data of the report called "justice in numbers" of the National Council of Justice (CNJ). Thus, a qualitative analysis of the data of the report of the year 2016 will be carried out, carried out by the National Council of Justice, which brought for the first time the count of the procedural duration, demonstrating the average time it takes to complete a lawsuit Different judicial bodies, and also verified the percentage of conciliations that were carried out in the Judiciary. In this way, it will be possible to critically and constructively analyze the theory presented with the reality of access to justice in Brazil.