Jus postulandi: os aspectos positivos e negativos do instituto e sua aplicabilidade no âmbito dos Juizados Especiais Cíveis (Lei no 9.099/95)

Abstract

The present article aim to analyze the jus postulandi institute at the Small Claims Court, running through especially its relevance at the access to justice scope and, equally, through the negative effects that may be the result of the lack of technical defense. Therefore, it pursuits the examination of the institute by examining it to confirm that this institute reaches the result to which it was created by allowing the possibility of postulate at a court of law, operating as an effective guarantee of access to justice or, despite of its pretension, promotes inequality between the plaintiffs by aggravating the vulnerability of the plaintiff without assistance of an attorney, on account of their absence of technical knowledge.