Access to justice

a promise or reality? An analysis of the dispute on nursery schools in the city of São Paulo

Authors

  • Susana Henriques da Costa

Keywords:

Acesso à Justiça, Litigância no Brasil, Educação Infantil, Repeat players

Abstract

The article adopts the theoretical framework of access to justice and, from the perspective of CAPPELLETTI (1981) and GALANTER (2010), analyses the dispute about lack of space on nursery schools in the City of São Paulo. The article’s main questions are: (i) has individual and group litigation being a mechanism of social transformation by enforcing rights and/or (ii) has it found an accessible Judiciary with rational and appropriate procedural techniques? During the development of the research, the article also analyses how repeat players behave in group litigation, when searching for entitle educational rights and what are their advantages inside Courts.

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Author Biography

Susana Henriques da Costa

Professor of Civil Procedure at São Paulo Law School of University of São Paulo. Professor of Civil Procedure at the São Paulo Law School of Fundação Getulio Vargas. Visiting Researcher at University of Wisconsin – Madison Law School.

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Published

2016-07-14

How to Cite

COSTA, S. H. da. Access to justice: a promise or reality? An analysis of the dispute on nursery schools in the city of São Paulo. Civil Procedure Review, [S. l.], v. 7, n. 2, p. 38–68, 2016. Disponível em: https://civilprocedurereview.faculdadebaianadedireito.com.br/revista/article/view/123. Acesso em: 15 may. 2024.

Issue

Vol. 7 No. 2 (2016)

Section

Artigos