RECOLHIMENTO DE CUSTAS PARA RECURSOS INOMINADOS - UMA ANÁLISE ACERCA DA EFETIVAÇÃO DO PRINCÍPIO CONSTITUCIONAL DO ACESSO À JUSTIÇA

Abstract

ABSTRACT This article analyzes the effectiveness of the constitutional principle of Access to Justice within the scope of the State Small Claims Courts, with special focus on the limitation of legal aid, which does not extend to the appellate level. The relevance of the topic arises from the principles that structure the Small Claims Courts, as expressed in the Federal Constitution and regulated by Law n. 9.099/1995, aiming to ensure swift and accessible solutions for low-complexity claims. The paper particularly addresses the mandatory payment of court fees for filing the Recurso Inominado and the consequences of insufficient payment of appeal costs. Therefore, the research investigates whether such restriction undermines the realization of Access to Justice and violates other constitutional principles, such as the right to a double degree of jurisdiction, adversarial proceedings, and full defense. The methodology adopted consists of bibliographic research, based on the analysis of doctrinal works, academic articles, and relevant legislation. This study aims to critically reflect on the capacity of the Small Claims Courts to achieve the purposes for which they were conceived, under the perspective of current constitutional and infraconstitutional legislation. Keywords: Access to Justice. Small Claims Courts. Recurso Inominado. Court Fees.