A questão do jus postulandi na atermação do Juizado Especial Federal: busca pelo efetivo acesso à justiça e o papel da Defensoria Pública da União

Abstract

This academic work deals with the access to justice through the claim form filling sector in the Federal Special Court. In view of the absence of the Federal Public Defender in several municipalities, the proof of the income requirement required to be met by a federal public defender and the large number of demands compared to the number of public defenders, many requests for jurisdiction in the Federal Special Courts are made directly in the clam form filling sector, whose objective is to expand access to Federal Justice. However, it's necessary to assess whether this sector guarantees the citizen an effective access to justice. The subject chosen is intended to expose and analyze the filing of a lawsuit without a lawyer, through the jus postulandi principle. For this, the qualitative research method was used, through bibliographic research and observations obtained during the period in which the author worked as an undergraduate intern at the Federal Special Court and at the Federal Public Defender. Throughout the research it was possible to understand the difficulties during the process for the party without legal assistance. The study confronts the jus postulandi with the procedural principle of equality of arms, verifying that the party without a lawyer is in a position of vulnerability, violating the necessary procedural balance between the litigants. Finally, the research makes it possible to reach the conclusion of how important the Federal Public Defender is in the legal system and society, being an essential institution to effectively enable access to justice for the underprivileged.