TITLE:
Access to Justice and Due Process as Superprinciples of Procedure Law in the Brazilian Constitution of 1988
AUTHORS:
Danilo Scramin Alves, Fabiana David Carles, Raimundo de Araújo Coivara Neto
KEYWORDS:
Access to Justice, Brazilian Constitution, Due Process, Principles, Procedure Law
JOURNAL NAME:
Beijing Law Review,
Vol.15 No.3,
September
10,
2024
ABSTRACT: This article aims to identify the said superprinciples of procedure law that can be found in the current Brazilian Constitution, as a way to establish the main constitutional cord to judicial procedure in Brazil. Thus, a systematic and orderly analysis of the two most important procedure principles recognized by the Brazilian legal science, access to justice and due process, will be performed, each principle being studied on its own. This is qualitative research with exploratory objectives, using as a procedural basis the specialized bibliography and legislation, on an inductive method. It was observed that, in theory, both access to justice and due process establish the spinal cord to the procedural law in the current Brazilian Constitution, with the possibility of other principles, sometimes also observable in the Constitution or not, to result from them and also influence the exercise of jurisdiction in the country.