Justiça gratuita, um paralelo entre seus requisitos de concessão e o direito a celeridade processual

Abstract

The present work presents a comparison between the concept of legal aid in Brazil, focusing on the presumption of truth of the declaration of financial insufficiency and its impacts on legal certainty and procedural speed. The qualitative research relies on a literature review and analysis of legislation, especially CF/88 and CPC/15. Thus, it outlines a historical overview of legal assistance in Brazil, from the colonial period to the establishment of full and free legal aid as a fundamental right in the 1988 Constitution. It then explores the concept of legal aid, highlighting the exemption from legal fees and procedural costs for those who prove insufficient financial resources. The comparison deepens with an analysis of the presumption of truth regarding the declaration of financial insufficiency, provided for in Article 99, §3 of CPC/2015, and its effects on legal certainty, pointing out that the subjectivity in the assessment of insufficiency is a factor of legal uncertainty and an infringement on the right to procedural speed. The absence of objective criteria to prove financial insufficiency exacerbates the situation, leading to inconsistent decisions and encouraging litigation. Consequently, although the presumption of truth facilitates access to justice, it may encourage the misuse of the benefit, overburdening the judicial system and harming procedural speed. The conclusion is that the pursuit of a fairer and more efficient justice system requires a balance between ensuring access to justice and the need to guarantee a reasonable duration of proceedings, with more predictable and coherent decisions, highlighting the need to improve the criteria for granting legal aid to ensure procedural speed and legal certainty.