Anais EnAJUS 2018

ISSN 2674-8401

Small Claims: The Building Blocks of Access to Justice

Autora: Maria Clara Cunha Farias

Informações

Sessão 12: 14h00-15h30 - Sala 110 - Bloco C - Térreo
Coordenador: Thiago Gomes Nascimento, Centro Universitário IESB, Brasília, Brasil.

Resumo

The current scenario of Special Courts in Brazil is a blend between, on one hand, the need to guarantee access to justice to all citizens and, on the other, the need for an efficient legal system. This essay argues that it is not too late to return small claims courts to their original purpose of satisfying the litigant, considering that the contentedness of the plaintiff and the defendant regarding the resolution of their conflict is an essential element in constructing the legitimization of a legal system. To this end, this essay undertakes a comparison between small claims courts in Brazil and in the United States from the perspective that the user of the law is key in empowering the legal system. One of the main factors that have driven individuals away from small claims courts, both in Brazil and in the United States, is the strong predominance of businesses that has led to inequality between parties. As a solution, conflicts between individuals should regain value in small claims courts. Small adjustments can be made to adapt Special Courts in Brazil to the needs of the individual; in turn, citizens will garner a greater trust in the legal system

Palavras-chave

small claims court; access to justice; Law 9.099/95.

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