ACESSO À JUSTIÇA APROFUNDADO NOS JUIZADOS ESPECIAIS ATRAVÉS DA DELIBERAÇÃO E DO DIREITO AO DESENVOLVIMENTO

ABSTRACT: The paper proposes articulation between deliberation and development to describe the deliberative dimension of the Appropriate Dispute Resolution (ADR) as an alternative to increase access to justice in small claim courts. In this way, it is intended to know how ADR’s can contribute to the realization of deliberative spaces in the Brazilian justice system, having as a parameter the right to development. The methodological procedure adopted consisted of bibliographical research that pointed out proposals of analyzes of the theoretical aspects of this institution. The article is divided into three stages: a study of ADRs based on access to justice, a description of the deliberative dimension and the content of the right to development, and a proposal for analysis by the small claim courts. Capacity building, increased transparency and adoption of a deliberative procedure with development content are highlighted as effective instruments to increase access to justice in small claim courts.

Authors

Publication Details

Journal
Revista fisio&terapia.
Published
2024-08-26
DOI
https://doi.org/10.69849/revistaft/ra10202408261511
Primary Topic
Brazilian Legal Issues
Type
article
Field-Weighted Citation Impact
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article

ACESSO À JUSTIÇA APROFUNDADO NOS JUIZADOS ESPECIAIS ATRAVÉS DA DELIBERAÇÃO E DO DIREITO AO DESENVOLVIMENTO

Inácio Jário Queiroz de Albuquerque
Revista fisio&terapia.
Brazilian Legal Issues
article

ACESSO À JUSTIÇA APROFUNDADO NOS JUIZADOS ESPECIAIS ATRAVÉS DA DELIBERAÇÃO E DO DIREITO AO DESENVOLVIMENTO

Inácio Jário Queiroz de Albuquerque
article en

Abstract

ABSTRACT: The paper proposes articulation between deliberation and development to describe the deliberative dimension of the Appropriate Dispute Resolution (ADR) as an alternative to increase access to justice in small claim courts. In this way, it is intended to know how ADR’s can contribute to the realization of deliberative spaces in the Brazilian justice system, having as a parameter the right to development. The methodological procedure adopted consisted of bibliographical research that pointed out proposals of analyzes of the theoretical aspects of this institution. The article is divided into three stages: a study of ADRs based on access to justice, a description of the deliberative dimension and the content of the right to development, and a proposal for analysis by the small claim courts. Capacity building, increased transparency and adoption of a deliberative procedure with development content are highlighted as effective instruments to increase access to justice in small claim courts.

Revista fisio&terapia.Vol. 28(137)
Openalex Percentile: Top 75%
Brazilian Legal Issues
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