A ausência de isonomia entre litigantes eventuais e habituais o acesso à justiça e a tutela dos precedetes judiciais: consolidação de entedimetos restritos

Abstract

The scope of this course completion paper finds essence in the analysis of the position of the procedural subjects in the construction of the result produced by the Judiciary, especially when facing legal issues qualified to form the so-called judicial precedents. The widespread idea of the modern scope of access to justice resizes the position of the participants in the process, whose typology of litigants generates a great isonomic imbalance in the manner in which the Judiciary is able to grant the requested relief. In this context, the system of judicial precedents, adopted with the intention of providing greater legal certainty to those subject to litigation, becomes a factor that further distances isonomy in access to justice due to the consolidation of specific understandings formulated based on the demands of specific interests of only part of society, a portion endowed with strength, opportunity, knowledge and financial resources. Thus, the present end-of-course work aims to analyze and demonstrate that the formation of power structures, social inequality, and the system of court judgments place the perspective of the participation of the parties in a socio-legal context that promotes a natural distancing from the claim of access to justice, disrespecting the principle of isonomy