Between conflicts, institutions and formalities: a new approach to the access to justice in Brazil

• Grant number: 14/22124-6
• Support type: Scholarships abroad - Research
• Effective date (Start): January 04, 2016
• Effective date (End): July 03, 2016
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal researcher: Paulo Eduardo Alves da Silva
• Grantee: Paulo Eduardo Alves da Silva
• Host: Calvin Keith Morrill
• Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil
• Research place: University of California, Berkeley (UC Berkeley), United States

Abstract

The aim of this research is to analyze the current status of Brazilian legal culture in terms of substantive access to justice and in what is its relation with the effects of the judicial formalism on dispute resolution proceedings. I intend to work on empirical data regarding the Brazilian judicial system as well as on a frame of theoretic references centered on access to justice and legal formalism. The research will seek explanations for the paradoxical situation of the Brazilian dispute resolution system (ample access to courts but restricted access to justice) as well as to find out some criteria that might guide effective reforms. (AU)