ACCESS TO JUSTICE

ACCESS TO JUDICIARY POWER OR TO JUST LEGAL ORDER?

Abstract

Access to justice has been understood by our legal tradition as one of the informing principles in the judicial process. Under the Constitution, access to justice is not done only by a subjective public right when proposing an action, but by the legislature in redacting a law that excludes any injury or threat to the law from the consideration of the judiciary. In addition to these two aspects, this paper seeks to understand access to justice, moving away from the classic concept of access to the judiciary to one of “access to a just legal order.” Thus, some rights constitute the ultimate groundwork for building a just legal order. The municipality, as an entity autonomous from the federation, has material and legislative powers that enable the realization of these rights and access to justice, which constitute the scope of this paper. Understanding how the municipality may, through its legislative body, contribute to reducing the traditional barriers to access to justice (economic, social, and informational) and for the prediction of rights that give access to fundamental rights is the primary goal of this paper.