A ausência de critérios legais para concessão da justiça gratuita e a discricionariedade dos magistrados

Abstract

This paper addresses the issue of Free Justice and the problems involving the absence of preestablished legal criteria for its concession, which generates several decisions without a legal basis, as demonstrated in this study. This work presents some proposals in order to solve the problem of such absence, but, first of all, it is important to define the concept of Free Justice and distinguish it from related terms, as well as understanding its contextual evolution.Furthermore, this paper discusses some cases in which the benefit of free justice was denied to individuals who, theoretically, should have obtained this, and whose decision was taken without an appropriate legal basis. Thus, the development of this work relied on a hypothetical-deductive method and a descriptive research based on academic articles, electronic journals, laws, the Constitutions of the Federative Republic of Brazil, in addition to bibliographic, doctrinal, and jurisprudential surveys, the latter being eventually used as a basis for granting the benefit in question.