Access to justice and the habermasian proposal for a discursive civil procedure
DOI:
https://doi.org/10.5433/2178-8189.2008v12n0p23Keywords:
Access to justice, civil procedure, theory of legal procedureAbstract
By using the theory of legal procedure, the present article aims to show how it is possible to obtain a discursive process which, consequently, improves access to justice regarding the Brazilian civil procedure law. Thus, it will be possible to overcome the existing tension between the necessity of satisfaction of the claim and the legitimacy of such satisfaction, that is, the correct jurisdictional provision. In order to do that, some elements of the Brazilian civil procedure law will be criticized and analyzed from the perspective of the theory conceived by Habermas.
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Published
2008-12-15
How to Cite
Monica, E. F. (2008). Access to justice and the habermasian proposal for a discursive civil procedure. Scientia Iuris, 12, 23–41. https://doi.org/10.5433/2178-8189.2008v12n0p23
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