CRITÉRIOS PARA CONCESSÃO DA GRATUIDADE DA JUSTIÇA: ESTUDO COMPARATIVO ENTRE BRASIL E PORTUGAL

Abstract

The right to free justice is one of the ways in which the State provides access to justice to those who do not have sufficient financial resources. However, the lack of objective criteria to grant the gratuity of justice made it possible for many to enjoy this benefit, even having conditions to bear the expenses of a process, contributing, in turn, with the expense that the Judiciary generates to the public coffers. This situation, in turn, aroused the attention of many jurists, who presented two bills to the national congress, n. ° 5,900/2019 and n. ° 6,169/2016. In view of this, the objective of this article is to compare the criteria established in the bills with the criteria already adopted in Portugal for the granting of Legal Support, a benefit similar to the gratuity of Justice. For that, the research techniques used were bibliographical and documental and the hypothetical-deductive method of approach. It is concluded, therefore, that the criteria listed by the bills, although different from the Portuguese criteria, conform to the Brazilian population and legal reality, since the criteria for granting the gratuity of justice is conditioned to the income itself , exemption from income tax returns and participation in a federal government social program