Judicial Protection: The Role of the State in Resolving Conflicts

Abstract

The present study aims to analyze judicial protection from a critical perspective, discussing its correlation with access to justice and the actual delivery of the object of litigation, as well as the importance of preserving this tool within the legal system as a fundamental right and guarantee. It is worth noting that it is crucial for Legal Sciences to debate the judicial process, particularly regarding the realization of justice and its direct impact on both judicial and extrajudicial decisions, and consequently, on the proper functioning of society. In this context, there are various positions on which method is the most effective in achieving the "effective delivery of justice," and it is in this regard that judicial protections gain prominence. Initially, the study discusses relevant points regarding fairer access to the legal system. In the second part, it focuses on the concept and types of judicial protections, leading to the central issue of this article: whether there is genuine provision of judicial protection across the vast Brazilian territory. Lastly, but no less important, the study addresses the significance of judicial protection as a fundamental right.