UMA ABORDAGEM DO DIREITO FUNDAMENTAL DE ACESSO À JUSTIÇA COMO UM DOS ELEMENTOS FUNDAMENTAIS DA JUSTIÇA SOCIAL: o que baliza uma sociedade justa?

Abstract

This paper analyzes the Fundamental Right of the people ́s access to the Justice System as one of the fundamental elements to achieve Social Justice. It presents theoretical considerations about the theme from a historical perspective of the category “access to the Justice System”, starting from the formation of the national States`s legal systems as to approach the theme studied in this paper. It demonstrates the importance of the French Revolution ́s ideals as the primary formal defense of human rights. It ́s ideals influenced the formation of later national legal systems, helping historically to approach “social justice” sustaining that without the access to all of the Human Fundamental Rights, Social Justice can ́t be achieved at all. It indicates the necessity of a new social organization (democratic, fair, and equal) for the plain achievement of human dignity, as a starting point to discuss social justice – in connection with the social struggle to access the Brazilian to Justice System, specifically in the State of Maranhão. This study demonstrates that the applicability of Social Rights is a sine qua non condition the applicability of the other Human Fundamental Rights. Finally, it presents as an alternative for facing the matter of the inaccessibility of the Human Beings` Fundamental Rights, the elaboration as well as the implementation of public policies directed to guarantee the plain, unrestricted, and efficient way to achieve the social right to access the Justice System.

Keywords

• social struggle
• access to the justice system
• fundamental human rights
• human dignity
• social justice