“EPIDEMIA” DA JUDICIALIZAÇÃO NO BRASIL: O PARADOXO DO ACESSO À JUSTIÇA

Abstract

This study analyzes the phenomenon of the overcrowding of the Brazilian Judiciary system, resulting from hyper-judicialization and the literal interpretation of the principle of access to justice. Using a hypothetical-deductive approach that combines bibliographic and documentary research, it seeks to unravel the structural dysfunction of the system in order to identify the elements that contribute to its progression, from social institutions to behavioral aspects and to demonstrate why and how such relationships impact the system as a whole, especially regarding the effective application of the Principle of Access to Justice. The paper also discusses the culture of judicialization, the commodification of Justice, and predatory litigation, all of which contribute to the weakening of the judicial system. The study proposes a rational limitation of access to the Judiciary system, a review of the criteria for granting free legal aid, the imposition of stricter sanctions, and the strengthening of alternative dispute resolution mechanisms. It is considered that strategically restricting access also ensures it, by promoting speed, efficiency, and credibility in the jurisdiction. Therefore, it concludes that procedural and legislative reform is essential to balance the right of access with the effectiveness of Justice, ensuring the fulfillment of the constitutional role of the Judiciary system.