ACCESS TO JUSTICE: A SOCIO-POLITICAL-LEGAL VIEW OF THE JUSTICE SYSTEM

Abstract

The neoliberal reforms that took place in the State since the 1990s promoted transformations in the social, political and legal spheres. Based on the context undertaken by globalization, the objective of the research is to analyze, with a socio-political-legal focus, the possibility of a justice system that transforms social reality. The research problem is: Is it possible to conceive of a justice system capable of transforming social reality? Was used the hypothetical deductive method, and the methodology consisted of theoretical deepening through bibliographic research in books and available databases, especially in the EBSCOhost database. The epistemological approach undertaken permeates, initially, the context of eminently neoliberal reforms, their impacts on national law and the crisis of the justice system, with a view to analyzing possible ways for greater adherence of the right to social reality. Finally, the phenomenon of expansion of the Judiciary is analyzed in the face of the paradox undertaken by the market game with the pressures of capital and the demand for the realization of rights. In the end, the hypothesis suggested was confirmed, since the methodological approach of the research indicated that the way to narrow the distance between the prediction of rights and the social reality, is the confrontation by the justice system of the duality “market game” x “materialization of rights” through guarantees to citizen participation, with the expansion of access to justice and compliance with constitutional precepts.