Acesso à Justiça, Estado e Cidadania: para além de um paradigma normativista

Abstract

The researches and the studies about access to justice - through the time – have been concentrated, priority, in the law ampliation plan or the positive law efectiveness, it means,the attention dispensed by the doctrine about the access to justice conception and evolution, is focused, in many aspects, on the normative area.This situation is lined in the following logic: the positive law are not applied in the social plan – mainly because the inefficiency of the constituted powers, with special featured to the executive and legislative power -, what makes creating a high demand to the judicial power in the intention to concretization of this rights. The reasoning line adopted star to the theoretical premises totally different from that ones usually used for the access to justice studies. It have deffended that the full accomplishmentof the access to justice is into the dynamics of social relations. The notion of citizenship is imbricated with the politic participation and with social movements for the conquest of rights. There is no possibility of effective changes and, in large scale, what refers specifically to the access to justice, if does not exist popular mobilization, awareness of the people in relation to the conflicts and difficulties that must be overdue. It-s necessary to understand that the research for the implementation aod effectiveness of rights, in a large dimension, demand a political culture active of the social bases and not from the exclusive way of the constituted powers. The citizenship and the social emancipation must be request and conquered in the base of the social relations, in the inttention that the citizenship can not be outsourced by the Judicial Power because this phenomenon will bring reflexes into the democracy.