SAJU-BA e os desafios ao acesso à justiça: uma análise sobre o exercício da capacidade postulatória perante os juizados especiais estaduais cíveis

Abstract

The present monograph is based on the extension experience of SAJU - Bahia's Legal Support Service -, a student entity, linked to the Law School of the Federal University of Bahia, that has been practicing free legal assistance for the population of Salvador for over 55 years. From the understanding of the obstacles in the exercise of citizenship and access to justice, a major issue has been placed in the praxis of this project: the limits of access to justice guaranteed by the dismissal of attorney in special state civil courts. In order to analyze this issue, a study was conducted through bibliographic research and documentary analysis of SAJU's processes that dealt with the supply of water and electricity and in which jus postulandi occurred. The actions that ended in 2017 or were active in 2018 were cataloged, and 21 cases were identified, all of which presented at least one type of problem due to the lack of adequate technical assistance to the hyposufficient postulants, demonstrating the inadequacy of this mechanism in promoting access of justice and the decisive role of education and citizenship in overcoming obstacles to the democratization of state jurisdiction.