A abusiva gratuidade judiciária como fator de prejuízo à razoável duração do processo: uma análise crítica e jurisprudencial.

Abstract

This article aims to analyze the impacts and consequences of the Legal abuse of the “free costs” to access to justice. It will be investigated how the absence of “rules” to concede the Institute does not mean efficiency, or that it will guarantee plenty access to justice - which is a fundamental right - but it will lead to “empty” cases, and it also goes against the reasonable timing to solve a demand. It will be compared the data between the Brazilian tribunals and courts as a form to elucidate this search, and to observe how the alternative dispute resolution (extrajudicial resolution) works as a mechanism to expand Access to Justice.