A dispensa de advogado nos juizados especiais: a inconstitucionalidade do art. 9 da lei 9.099/1995 e a necessidade de overrruling do procedente da ADI 1539

Abstract

This work aims to analyze the institute o jus postulandi in Especial Civil Courts and understand the goals of its criation, the way how it is applied nowadays in Brazil and the benefits and problems it brings to the parts and the judiciary. The importance of this study is clear when we consider how much important is people access to judiciary and to the justice and how the citizens and Law are afected by the offense to this rights. To make this work possible, it was used the qualitative method of resarch, because beyond bibliography, it was used as a source of information, the observation of the autor during the time of internship in the Especial Civil Court in Juiz de Fora. During the resarch it was possible to get to know the caracteristics of Especial Civil Courts, mainly when it is due to the procedure of postulation without lawyer. It was analyzed the Direct Unconstitutionality Suit 1539, that declared the art. 9º of the 9.099 Act of 1995 as constitucional, making facultative the assistence by lawyer in causes under 20 minimum salaries. By the analysis of the judgement it was possible to get to know the reasons that lead to the declaration of constitucionality. Looking through the reality of the Especial Courts nowadays, told by the autors related to the theme and by the observation of the autor, we could feel that the practice has been far from the theory and problems caused by the Act has not been solved by the same Act. The developed resarch permited us to gain to the conclusion that the hyphotesis that fits better to the case is the overruling of the precedent of Direct Unconstitutionality Suit 1539.