ACCESS TO JUSTICE AND CAREFUL ANALYSIS OF REQUESTS FOR LEGAL AID

Abstract

Access to justice is a fundamental right guaranteed by the 1988 Constitution, but it faces practical obstacles to its implementation, especially among economically vulnerable groups. Free legal aid serves as an essential instrument to ensure this right, although its application still encounters limitations due to restrictive interpretations and excessive requirements. In this context, the general objective of this study is to analyze the importance of legal aid as a means of ensuring access to justice in Brazil. The specific objectives proposed are: to understand the constitutional foundations that support access to justice as a fundamental right and how it relates to procedural legal aid; to identify the difficulties faced by low-income individuals in exercising this right; and to examine the normative framework that regulates legal aid, especially the provisions of the 2015 Code of Civil Procedure, with emphasis on the criteria used for granting this benefit. The methodology of this study is based on bibliographic research through the reading of monographs, articles, and legal books as analytical tools and support used to develop the theoretical framework of the work. Free legal aid is essential to guarantee equal access to the judiciary. It was observed that, although there have been advances, there are still practical challenges to its implementation. The Public Defender’s Office plays a fundamental role in this process. Future research could further explore the effectiveness of this benefit in the lives of economically disadvantaged citizens.