O acesso à justiça na reforma do Código de Processo Civil

Abstract

The aim of the dissertation is to analyze the consequentialist judicial policy, concerned primarily with the effects of judicial crisis that has prevailed in the Civil Justice Reform process. The hypothesis with which it works is negative: the crisis of the justice administration system in Brazil is, primarily, that a non-judicial problem. Or rather, pre-procedural. Thus, five thematic fields were subject: (i) the reformulation of the judiciary system; (ii) the training of legal actors (judges, lawyers, prosecutors and attorneys); (iii) the prior exhaustion of administrative procedures in lawsuits against the state and private entities exercising public functions typically; (iv) stimulation of alternative means of dispute resolution; (v) and the processing mode of tax collection. In this context, the final approval in the Senate, on December 17, 2014, of a new Civil Procedure Code, it is a truly healthy measure. But it's just one of the steps towards effective access to justice. The complex litigation is a social phenomenon that will not be extinguished only by the legislative point of view, why the analysis of the real potential of the new law in the pursuit of a legal protection isonomic, equitable and expeditious is essential.