A gratuidade da justiça e o novo CPC: da Assistência Judiciária às inovações do novo código e o uso atual do benefício

Abstract

This research work adds knowledge to the benefit of the gratuitousness of justice in order to make a historical evolution of the benefit in the national scenario and its trajectory from the beginnings of the legal assistance. This evolution gave rise to the institute as we know it today, in the face of this the work demonstrates the relationship between the fundamental right of access to justice and the use of the benefit of gratuitousness as a determining factor for the realization of this fundamental right. As one of the keys of the research, it seeks to bring to light the main innovations coming from the validity of the Code of Civil Procedure of 2015, also making a parallel with the law nº 1,060 of 1950 and demonstrating the innovations also against the old Code of Civil Procedure 1973. The work makes a point of detailing Article 98 of the new CPC, one of the main points of change in relation to the specific law and the old Code. Another point of great relevance is the current use of the benefit, especially in relation to access to free demands and the damage that this may represent to the Judiciary in terms of slowness and rigidity of the system. Another important point is the use of the correct nomenclature of the institute, comparing the concepts of legal aid and the gratuitousness of justice in the search for the term to be used to designate each term. In addition, the work exposes an ethical bias in the use of free justice in order to prioritize the role of the lawyer as a social tool essential to the reach of the jurisdictional provision.