Human rights from the perspective of critical theory and some reflections on access to justice

Abstract

This study analyzes the right of access to justice under the scope of the Critical Theory of Human Rights. Brazil’s Federal Constitution of 1988 established most fundamental rights and one of the most important means for guarenteeing them is with another right: access to justice, written in Article 5, XXXV, of that order. This institute belongs to the vast array of Fundamental Rights and Guarantees, which highlights its purpose and ample reach for every citizen. However, in verifying the reality found in today's society, this study perceives that access to justice – broad and equal to individuals, constituting a universalistic nature – is just a mere utopian idea, because many people are unaware of their rights or, if they are aware of them, are not in a position to take action, despite the availability of resouces, such as the Public Defender's Office and free access to justice. Most importantly, the problem facing access to justice is most noted when investigating some important factors, such as economic and psychological factors. Moreover, this paper also offers suggestions in order to implement this right realisticly and effectively.