A (de) formação humanística como óbice de acesso à justiça

Abstract

We intend on this research to know the obstacles which blockade the effectiveness of the Fundamental Law of access to justice casted by the classical Doctrine adding to such the matter of bad humanistic formation of the law dealers in Brazil. The analysis of the problem of access to justice is done under the optic of human rights running away from the processual feature which always dominated the studies of the theme. The access to the judicial order is seen here not only as a judicial matter but also as a social matter. Regarding to that, we defend the search for ways to minimize this problem must come from a holistic view evolving not only the judicial science, but also other areas of knowledge. Considering that the solid humanistic formation of the judicial actors is essencial condition for the concretization of the fundamental law of access to justice and if the humanistic deformation goes on perpetuating through our institutions of law schools valorizing the techniques much more than ethics such humanistic law will never effectivated indeed.