A concretização do acesso à justiça através da gratuidade judiciária no processo civil brasileiro

Abstract

This article is based on the premise that free legal assistance constitutes a constitutional guarantee of access to justice. The importance of the benefit of free justice for society is investigated, the need to understand the way in which it is granted, with the objective of achieving social justice, the relevance of analyzing the real need for granting free legal aid, so that This constitutional guarantee of justice is granted to those who really need it, so there is no indiscriminate granting in its granting, as this could result in the creation of inequality, given that the objective of the benefit is precisely the opposite: the equality of the parties. It also analyzes how the Superior Court of Justice is positioning itself in relation to the matter. The study reveals the imperative of the Judiciary to achieve a balance, respecting the legal presumption of hyposufficiency and, simultaneously, implementing effective measures to prevent abuses.