Acesso à justiça e princípio da descentralização: o caso da Turma Recursal de Juiz de Fora

Abstract

The principle of access to justice has an important role in the Brazilian legal system, because It is through this that the other guarantees listed in the Constitution are realized and the democratic rule of law is strengthened. Currently, more than the express prediction of this principle, It is necessary that the state takes an active posture and find ways that ensure a dignified and effective adjudication by imposing the justice achievement at the concrete world of those who are under jurisdiction. Therefore, despite the importance of the recognition of the access to justice as a fundamental right, It is also supposed having an immediate applicability, under penalty of badly hurt of justice as the supreme value of the Nation. Because of this need, the Judicial Reform occurred through EC No 45/2004 has brought a series of legislative restructurings, among them the decentralization of the Courts, aiming to achieve the values enshrined with the 88’s CF. Supported by this prediction, the TRT from 3rd Region, with jurisdiction at Minas Gerais, has decentralized one of the classes to Juiz de Fora city, having been the target of controversial subjects, which It has been studied through this task. In this vein, the constitutionality was measured as well as the positive and negative points of the engendered measure by analyzing, in concretum, if the purpose of art. 115, § 2 of the Constitution was fulfilled. Thus, It was used, mainly, the legal-descriptive method, resorting to direct and indirect sources of research. At the end of the study, It was concluded to the validity of the decentralization of Minas’s TRT and the implementation of the goal of providing to all people the full access to justice in all phases of the process, effecting the right to a fair legal system.