Access to justice: the issue of the payment of expert evidence required by the indigence in Brazil

• Grant number: 12/21248-8
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: December 01, 2012
• End date: November 30, 2013
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Heitor Vitor Mendonça Sica
• Grantee: Adriano Erdei Braga Tavares
• Host Institution: Faculdade de Direito (FD). Universidade de São Paulo (USP). São Paulo , SP, Brazil

Abstract

Within the judicial process, the expert develops essential work, especially when specific technical skills that are beyond the judge's expertise are required. Mainly nowadays in a context of great technological advances and specialization of the human knowledge areas, the expert's work proves to be of great importance for the achievement of fair decisions. However, a significant part of the population does not have enough resources to bear the costs of the surveys, not being able to request them and thus remaining in a position of disadvantage towards the ones that can. Therefore, it is imperative to provide those that do not have resources with the means to request a survey. The issue of who must bear the costs of the expert's fees when the survey is requested by a beneficiary of the legal aid is still controversial among the doctrine and mainly among the jurisprudence of several tribunals. The Superior Court of Justice has been consolidating a position regarding this matter; however this position is still not solid and effective, and it is not always followed by lower courts. Therefore, the purpose of this paper is - through the analysis of specialized doctrine and jurisprudence of various states - to understand the problem in all its aspects in order to subsequently reach relevant conclusions for its solution, thereby contributing to the study of this very important issue to the materialization of the access to justice.(AU)