ACCESS TO JUSTICE THROUGH RIGHTS: A DIALOGUE WITH BOAVENTURA DE SOUSA SANTOS

Abstract

This article aims to reflect on Boaventura de Sousa Santos' view of law as an emancipatory instrument and, at the same time, on the idea of ​​access to justice through rights, which aims to strengthen the exercise of citizenship and democratic participation in the judicial sphere. . Indeed, it is intended to cast a critical eye on the Brazilian justice system, as well as analyze the effectiveness of the right of access to justice that permeates emancipatory struggles where the law is an essential instrument, as well as social movements, actions, organizations and subaltern cosmopolitan groups that use the legal order to carry out their struggles. Challenging the modern narrative that weakened the pillar of emancipation and strengthened the pillar of regulation, we seek to rebuild and strengthen a cosmopolitan and subaltern legality, which aims to eliminate exclusions and oppressions, especially social fascism. In this logic, it is argued that the struggle for full citizenship is linked to the existence of an emancipatory right in a post-liberal, post-colonial and, above all, democratic society