The Resizing Of The Concept Of Access To Justice In The Constitutional Democratic Paradigm: The Influx Of The Third Renovatory Wave
DOI:
https://doi.org/10.5433/2178-8189.2019v23n1p41Keywords:
Access to justice. Process. Florence Project. Obstacles. Multidoor Courthouse.Abstract
In this work, we propose a critical analysis of thecontents of the guarantee of access to justice in the paradigms:
liberal, social and democratic constitutional and how the changes
of perspectives impact the conception of the role of the process
in the scenario of dispute resolution. We willalso reflect on some
obstacles to the substantial access, in the contemporary paradigm,
and on the alternative sought by the Florence Project in its third
renewal wave, and by the Pound Conference of 1976, to better
enable fair access by proposing a multiport model of justice, that
is a forum to provide jurisdictions with alternative methods of
dispute resolution besides the traditional process, which may be more appropriate to the case in point.
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Published
2019-03-29
How to Cite
da Silveira Fernandes, G. F., & de Almeida, M. P. (2019). The Resizing Of The Concept Of Access To Justice In The Constitutional Democratic Paradigm: The Influx Of The Third Renovatory Wave. Scientia Iuris, 23(1), 41–62. https://doi.org/10.5433/2178-8189.2019v23n1p41
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