Juizados especiais cíveis como instrumento de acesso à justiça: uma análise do princípio da paridade das armas dentro da relação de consumo

Abstract

The study investigated whether the introduction of Small Claims Courts (Juizados Especiais Cíveis) has indeed facilitated access to justice, especially in the context of consumer relations where the consumer is legally recognized as the more vulnerable party. To do so, a qualitative research approach was adopted, conducting a literature review with leading experts in the field and an analysis of relevant legislation. Mauro Cappelletti and Bryant Garth's work "Access to Justice" was consulted for a comprehensive understanding of the concept. Additionally, Law 9.099/1995, which established the Small Claims Courts and the right to self-representation (jus postulandi), as well as the Consumer Protection Code, were analyzed. It was found that consumers, when litigating without legal assistance, are at a significant disadvantage, emphasizing the importance of legal advocacy and free legal assistance. While the introduction of jus postulandi represented a major step towards access to justice, there is a clear need for the creation of new alternatives to ensure effective access to justice, such as strengthening Public Defender Offices and developing alternative technical support for unrepresented consumers.