- ACCESS TO JUSTICE AND JUDICIAL PRECEDENTS: REVISITING THE FUNCTIONS OF THE SUPREMECOURTS.
Access to Justice, Citizenship, Supreme Courts, Judicial Precedents.
This research starts from the interest into reflect over the position of the procedural subjects in the construction of the result produced by the Judiciary, especially when facing legal issues qualified to form the so-called judicial precedents. The idea spread about the modern scope of access to justice resizes the position of the participants of the process, in order to program more positive and flexible postures in the face of the standards set. However, the formation of power structures, social inequality, and the system of court judgments place the perspective of the participation of the parties in a socio-legal context that promotes a natural distancing from the claim of access to justice as a model of thought. Thus, this work dedicates part of its research to the development of the design of citizenship, for revealing that it is a right closely linked to the comprehensive basis of the movements of the instituted powers, which may encourage or blocked the participation of individuals in the legal decision-making process. Along the same lines, the study analyzes the process of judgment and exteriorization of the product of collegiate decisions because they are determining factors in the assimilation and practical exercise of fundamental rights. We conclude that the institutional mission of the Supreme Courts has as one of its objectives the need to popularize the results of their judgments. When we proclaim the jurisdictional rendering of our “Citizen Court”, the Superior Court of Justice, and of our “Constitution’s guardian”, the Supreme Federal Court, we intend to demonstrate that the work they do must be within everyone's reach.