Judicial Power

Posted by tuppy on January 23, 2016
in News
as

Centuries XVIII and XIX, the bourgeois liberal States protected only the individual rights of formal way, without giving abregancias to the natural right calls, to understand that these would not need state protection, like right to the work, the dignity, the health and others. Nevertheless, of the growth of the societies the collective rights took control important more and more and happened not only to be guaranteed by the State like provedos by him. In this way the right to the access to justice was made very ampler, because it is from him who can be demanded other rights. In this sense, no modern State could be considered democratic if not to trust to the Judicial Power the guarantee of the rights. For that reason it is reason why the modern constitutions introduce in their text a relation of rights and have necessary means to the efectivacin the same. The Federal Constitution guarantees to all the access justice when in its article 5 interjection LXXIV forces the State that gives legal help gratuitous integral to which they could not pay by this service.

Nevertheless only that does not guarantee the integral access justice, because not only the money, but several other factors make difficult that judicial inspection. This it is one more of the many rights that Constitution grants to the citizen and that actually it is not exerted as it would have. The access to justice also is guaranteed by the Federal Constitution in the article 5el interjection XXV, that guarantees the appreciation by the Judicature of any injury or injury threat, that is to say, any citizen who wants to see its problem solved by justice will be able to do it, and the judicial power is forced by constitutional force to appreciate it. The exercise of the democracy depends directly on the access to justice. It is not possible that the town exerts its rights if justice not to confer to him average to make merit and to oppose these rights, to the abuses and abuses that try to prevent this exercise. Even so, the exercise of these rights often is exceeded unconsciously, because the rights are only decided when they are violated, that is to say, when a right refuses or prevents its exercise is that it is perceived that was no the taken care of had one.

Therefore, the town owns a natural accomodation in the exercise of its rights, which generates an increase of the necessity of access to Justice. In spite of the countless difficulties of the access to justice, several measures are being taken to diminish this problem like objective to popularize justice. Nevertheless, that is to say a very difficult task, because it is surprised in the culture of our town that never had the habit to use judicial means to solve its problems. Allied this lack of habit, it is extremely difficult that one gets rid of the inefficient and bureaucratic label of that the society placed in Justice. It will be precise to demonstrate and to convince the society otherwise, and that is a slow and gradual process. Justice already took brings back to consciousness that this problem is a vicious circle, where the difficulties of access to justice consequently own the disrepute in the institution and, thus, brings about the distance of the population, inhibiting still more the access to justice. By AD Monograph and investigation in right original Author and source of the article.