Justiça gratuita: instrumento constitucional para garantir a eficácia do direito e o acesso à justiça

As provided for in the Federal Constitution of the Federative Republic of Brazil, access to justice is a fundamental right, provided for in Article 98 and in the Law of The Gratuity of Justice, brought by Law No. 1,060/50, and also in the New Code of Civil Procedure. Even if by the letter of the law there is no distinction of nationality, it is that benefit is a way to bring justice more broadly to the population, there are some obstacles placed by the Judiciary, without the express legal provision, such as the need for evidential means of insufficient resources, or the delay in the realization of some right. In view of such occurrences, this research is presented that has as objectives the analysis of the historical construction of access to justice; the description of the Gratuity of Justice as an instrument of Access to Justice, the historical evolution of human rights and access to justice, as well as the requirements, obstacles and finally, economic vulnerability and the guarantee of due process. In the research, post-positivism will be used as a theoretical reference and the research method will be hypothetical-deductive. In view of the analysis of these facts, it is concluded that the obstacles required by some judges were not expressly provided for in the legislation and, still, with the validity of the New Code of Civil Procedure, the need for proof of insufficient resources was removed.