FREE JUSTICE, ACCESS TO JUSTICE AND THE (STILL) NECESSARY DISCUSSION ABOUT THE PROCESS IDEOLOGY

The civil process reality is still related to the rationalist ideology, which is based on form, technique and certainty. However, it’s often to realize that this rationalist paradigm legitimizes the powerful pole of processual relation, and stains the broad and complex idea of Access to justice, that is necessary guarantee for the effective judicial protection for the fundamental rights. This circumstance, as well as others equally perceptible ones, can be noted when is analyzed the (un-)utilization of mechanisms to facilitate that access to justice as the free justice benefit. In this case, the hallmarks methods for concession of free justice benefit ends up restricting its reach, whereas it’s not the real Law meaning. Therefore, by the analysis of the related bibliography, the present review pretends to present a critical reflection about the process ideologization as a limitation of Access to justice.

Abstract licence: CC BY-NC-ND

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