Processos estruturais como mecanismo de acesso à justiça e a direitos fundamentais

Abstract

The present essay aims to analyze the limitations of process’s and society’s institutes and traditional ideas and how these institutes are insufficient to build effective responses to the resolution of high complexity conflicts, considering that these limitations interfere directly in the effectiveness of the fundamental right to access to justice. To do that, this works will approach how the study of structural reform and its origins in the north-American doctrine could be a tool of construction of effective responses, implementation of public policies, fostering the participation of society and its multiple actors and interests. At last, specific institutes that are inadequate to the protection of fundamental rights and guarantees and proposals will be discussed to implement social, procedural and in separation of power’s transformations, in na effort to obtain procedural technique able to solve complex litigation.