Acesso à justiça: obstáculos encontrados na utilização da linguagem jurídica rebuscada frente ao direito constitucional

Abstract

The present work focuses on investigating access to justice, highlighting primarily its intrinsic relationship with the hermetic language of law, known as "legalese" or "juridiquês." This term refers to the use of Latin expressions, jargon, and other archaic forms within the legal context. The objective is to examine how this language can influence the legal system while simultaneously seeking a balance between the need for technical language for the system's functioning and the individual's inalienable right to access justice. The research will be grounded in concepts discussed by renowned authors such as Capelleti and Garth, who provide insights into access to justice and the barriers that may arise due to the complexity of legal language. Additionally, we will explore the contributions of Bourdieu, whose theories will assist us in understanding how legal language can become an instrument of power and control, impacting various socio-legal groups. As we deepen the analysis, it will be necessary to identify how legalese can become a significant obstacle to access to justice, creating a disparity between those familiar with this specialized language and those who are not. Proposed solutions will also be presented to promote the simplification of legal language, making it more accessible and understandable for the average citizen without compromising the integrity of the legal system. Throughout the work, a cohesive approach will be employed, logically and consistently connecting the concepts of access to justice, legalese, and Bourdieu's theories.