Acesso à justiça no direito processual civil brasileiro / Access to justice in the brazilian civil case law
AUTOR(ES)
José Sebastião Fagundes Cunha Filho
DATA DE PUBLICAÇÃO
2008
RESUMO
The present dissertation has the objective of examining the access to justice in the Brazilian civil case haw and therefore, extends for two chapters. The first deals with the fundamental institutes for the comprehension of access to justice. The study begins with the conception of the state and its relation with politic and after with law. Afterwards philosophical theories are exposed about the concept of justices throughout history. So, a proposal of access to justice is created as access to fair juridical to order with the receiving of justice. The second chapter begins with the examination of juridical case concepts and of case law. The matters that involve juridical case relationship are analysed, under the focus the correct legal process, presenting some other constitutional principles that relate with it, such as, the contrary principle, the free motivating convincement, the agreement or the reduction and, finally, the study of the elements of action: parts, cause of ordering and order, and as they link the justice activity always with en phases on the effectiveness of justice guard under its characteristic of making of the entity responsible for pacifying of social conflicts
ASSUNTO(S)
access to justice devido processo legal -- brasil brazilian civil case law processo civil -- brasil acesso a justica correct legal process direito direito processual civil brasileiro
