“CRACKS” IN THE GUARANTEE OF ACCESS TO JUSTICE LEGAL AND JUDICIAL BARRIERS THAT IMPAIR THE CLAIM OF SOCIAL RIGHTS

Abstract

This paper aims to describe legislative and jurisprudential movements that impair the claim of social rights by judicial suits, using the indutive method. Firstly, it exposes that social rights embody truly fundamental rights, because they’re indispensable elements of the “right to basic conditions of life” and of human dignity. Hence, the protection of access to justice haves special relevance in discutions involving social rights, because prevent people appeal to the Judiciary to require these type of rights means the same as hollowing all the possibilities of reaching a dignified life. Therefore, it concludes that can be identified three types of “cracks” in the guarantee of access to justice, being them the economic “cracks”, the informational “cracks” and the evidentiary “cracks”. It is up to the jurists to identify and repeal the “cracks” recognized in the guarantee of access to justice, reaffirming the compromisse with the construction of a free, just and solidary society.