THE DEJUDICIALIZATION AS A TOOL FOR MITIGATING JUDICIAL OVERLOAD AND ENSURING ACCESS TO JUSTICE AND THE PROTECTION OF PERSONALITY RIGHTS

Abstract

This article aims to examine the process of dejudicialization as a strategy to address the increasing overload afflicting the Brazilian judiciary system. The study seeks to analyze the effectiveness of this measure in promoting faster and less burdensome access to justice. It also explores the interrelationship between ensuring access to justice and the exponential growth of judicial demand, which underpins the critique presented in the title of the work. The impact of dejudicialization on the efficiency of the judicial system is assessed. The methodology employed is deductive, utilizing bibliographic and doctrinal analysis. The results indicate that dejudicialization is an undeniably relevant tool for mitigating the judiciary's overload, enabling a faster and more accessible response for citizens. However, remaining obstacles were identified even in procedures already subjected to dejudicialization. In conclusion, dejudicialization, in the current context, emerges as an indispensable mechanism to ensure the right of access to justice and to guarantee the realization of personality rights.