“Quem não tem cão, caça como gato”: a dificuldade de acesso á justiça e o pluralismo jurídico na sociedade

Abstract

The crisis of law. It is no longer a novelty that the law (the one found in the laws) does not have the full capacity to safeguard and accompany social demands and interests. In this way, citizens, in order to have their rights and interests properly respected and protected, seek this protection outside the Constitution, outside the laws themselves, finding such support in other forms of law or in the “right found on the streets”, an expression initially used by the philosopher Roberto Lyra Filho. This expression is just a way of saying that there is "right" outside the Constitution, as incredible as it may seem. In order to better visualize the problem in question, as an example, it is possible to speak of “law of the favelas”, “law of prisons” and “law of tribes”, which are situations in which apparently the “arm” of the State does not it reaches, which is why people who are part of these societies seek alternative forms of “justice”, giving rise, then, depending on society, to a new type of “right”. The work seeks to see the problem from different perspectives, so that the development of the work is built with the purpose of demonstrating how the doctrine, jurisprudence, society and the State itself see the matter, all within this context of crisis of law. Such a crisis happens to prove that the law is not something given, ready and finished, because it is something still gross, which needs constant polishing to reach its best shape, that is, it must undergo several changes to monitor and attend to social conflicts, that as time passes, social relations and demands become increasingly complex.