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Law 13.467/2017 and Act 808/2017 established the classification of moral harm in the labor courts and determined the criterion of the employee's salary as the indemnity amount. Dispositions are, however, unconstitutional since they are against the basic right to equality, besides segregating people. The casuistic analysis of the extension of the harm is impaired and it is an offense towards the access of justice and to the constitutional model of the democratic process. It privileges judicial initiative to the detriment of the rights of the parties involved in the suit to construct discursively a final solution. Access to justice is a right which is concretized when the parties may participate in the construction of the process and their allegations and proofs are rationally analyzed by the judge. The theme is justified due to its modernity, practical and theoretical relevance. Through bibliographical and documental research, one may identify aporias, build critical analyses and show that the proposal to label moral harm in labor justice is an offense to material equality, access to justice and to the constitutional model of the process. [ABSTRACT FROM AUTHOR]

Electronic Judicial Process is analyzed in its function to provide a wide access to justice, a basic principle for the establishment of effective high justice. A brief historical contextualization on juridical informatics is undertaken through qualitative methodology and bibliographic research, coupled to the insertion of technology with Brazilian justice and the implementation of a correlated constitutional basis. The evolution of Electronic Judicial Process is didactically provided to prove its bases, foregrounded on speed, processual economy and publicity, which corroborate for all commodity of all agents involved, such as users and professionals. Current research underscores that, although Electronic Judicial Process have remade the jurisdictional activity in Brazil and worldwide, there are ways for a true marking within the national environment, even though impairments to its effectiveness as a tool for the democratic entrance to justice, may still exist. [ABSTRACT FROM AUTHOR]

The present study attempts to analyze the current situation of Brazilian society regarding a collective practice of excessive judicialization, developing in this, based on the deductive method, through bibliographical research in texts, a perspective regarding the contribution of extrajudicial services to a New and desired context of greater social pacification and lower index of judicial demands, with the designation of new propositions of action for these. It is intended, to raise awareness of the need for new (concrete and effective) instruments to overcome the present obstacles to the realization of rights, especially the rights of the personality, to note here the role and importance of said services in achieving greater Celerity and effectiveness, through the disjudicialization of the social pretensions, and the consequent openness of the Judiciary. In order to do so, the principles, directives and norms that gravitate on the subject are considered, in the proposal to search the definitions of access to justice and the adequate diffusion of said means for the substantial realization of such rights. In this study, notarial services and registrations are considered so-called extrajudicial registries, listed in article 5º of law 8935/1994. [ABSTRACT FROM AUTHOR]

Intensive normative changes have provided different aspects to State's tutelage, with important repercussions in the 20th century, namely, access to justice. The state should take into account the directives and instrumentality to demand what is just. Current analysis deals with the relevance given by Complementary Law 123 (BRASIL, 2006) and takes into account innovations from changes and unique guarantees to small and small-sized firms. Current issue is foregrounded on the process exiguity of the norm which does not deal with issues of great practical and processual importance. Economic and social relevance of activities by micro-firms are assured when special court treatment is justified in the light of the real needs for material and efficient equality, which is greatly intrinsic to the lawful democratic state. The analytic method will verify the interpretation of the law by jurisprudence concomitant to the doctrine that, for efficiency, free initiative depends on tools that permit successful and prosperous entrepreneurship in all specificities. Consequently, micro and small-sized firms require special and programmatic apparatus for their effective development and undertaking of their social function. [ABSTRACT FROM AUTHOR]

Access to justice is considered as one of the fundamental rights of access of the underprivileged to justice. There are several mechanisms that can help in breaking the barriers that prevent full access to justice, such as rapid processes, with less expense, use of the simplified procedure, with broad performance of datives defenders of the population and the National Congress, in relation to development and in the decisions of judges, ministers and judges regarding the application of the law, which must adapt to social needs, to protect those who are in vulnerable situations. [ABSTRACT FROM AUTHOR]

Fundamental right to access the courts from the point of view of cooperative contradictory is investigated through a theoretical and judicial analysis. Positioning on its importance is aimed for the effective jurisdictional service in so far as the right of effective dialogue of all the participants (magistrate and juridical parties) in the dialogue is guaranteed. The conflicting parties affect directly and immediately the construction of juridical decisions through the pacification of their conflicts. [ABSTRACT FROM AUTHOR]

Laws 9099/95, 10259/01 and 12152/09, which respectively regulate the Special State, Federal and Fiscal Courts, were published so that access to justice in Brazil may be broadened. However, after twenty years of the establishment of State Special Civil Courts, they are so full up with suits that they have not served their function to de-bureaucratize justice and provide a fast access to justice to the Brazilian population. Current study demonstrates that the application of pre-liminar judgment of procedence in replication suits by magistrates is a viable mechanism for the satisfactory attendance of people with regard to the distribution of justice through the State Special Courts. [ABSTRACT FROM AUTHOR]

The expression. "access to court" has several meanings since it is intrinsically related to a social and historical context. It actually means the right to a just juridical order based on a system that warrants individual and collective rights to solve conflicts fast, adequately and effectively. The mechanisms that would make possible the de-bureaucratization of the Courts, the broadening of collective tutelage and incentives for alternative means for solutions should be established. Current analysis discusses this principle with regard to the Brazilian situation through an investigation on its development within legislation, doctrine and jurisdictional practice. A descriptive research, coupled to indirect observation, and based on the hypothetical and deductive method, is employed. [ABSTRACT FROM AUTHOR]