Políticas judiciárias e acesso à justiça: análise da atuação do Tribunal de Justiça do Amazonas face à vulnerabilidade geográfica interiorana

Abstract

The general objective of this research was to analyze the public judicial policies for overcoming geographic barriers and ensuring access to justice within the scope of the Court of Justice of the State of Amazonas (TJAM). The specific objectives were to present the conception of public judicial policies and the respective attributions of the National Council of Justice (CNJ), to present a theoretical vision of access to justice, including concepts and waves of renewal, listing their respective procedural vulnerabilities as barriers to said access, and to analyze access to justice in Amazonas in light of geographic barriers and state judicial policies. To achieve these purposes, bibliographical research was used, as well as consultations of the rules and websites of the CNJ and TJAM. The first chapter covered the issue of public judicial policies in broad terms, highlighting the role played by the National Council of Justice (CNJ) in issuing normative acts aimed at expanding access to justice in a context of geographic vulnerability. The national judicial policies of Adequate Conflict Treatment, Itinerant Justice, 100% Digital Justice, Virtual Counter and the Project for the Installation of Digital Inclusion Points (PIDs) were selected due to their observed potential for overcoming geographic barriers. In the second chapter, Access to Justice was addressed as a central issue, with priority given to the analysis of vulnerability as a barrier to be overcome to guarantee the aforementioned fundamental right. More specifically, geographic vulnerability was highlighted as a barrier to access to justice that deserves attention and highlights the need for intertwining Law and Geography for a better legal treatment of the issue. In the third and final chapter, the local reality was brought to light, by pointing out the geographical discrepancies that exist in the state of Amazonas in comparison to the national scenario, and also the reality of serious isolation experienced by the population of the interior of the state that does not have a road connection with the capital. We then moved on to studying state judicial policies from the perspective of the reality of geographic isolation experienced in the interior of Amazonas. From what we could see, the Strategic Planning of the Court of Justice of the State of Amazonas, for the period 2021-2026, does not even mention geographic aspects as barriers to be overcome in order to guarantee access to justice, and, consequently, does not present any goal or guideline interested in overcoming said barrier. Likewise, the Policy for the Appropriate Treatment of Conflicts, the 100% Digital Justice and the Virtual Counter did not address the situation of disparity experienced in the interior of the state, being mere incorporations of the national judicial policies launched, without any adaptation, and, therefore, do not achieve the expected purpose of overcoming geographic vulnerability. Regarding the Project for the installation of Digital Inclusion Points (PIDs) and Itinerant Justice, it was found that, despite having greater potential to materialize access to justice in the context of geographic isolation, they are judicial policies still little used by the TJAM, with the first having been implemented relatively recently, and, therefore, there is no data that allows us to conclude whether or not it is capable of eliminating the difficulties related to the geographic vulnerability of the interior of Amazonas. The research carried out, therefore, allowed the conclusion that the judicial policies implemented by TJAM are not adapted to the local reality and, therefore, are not fully capable of overcoming the geographical vulnerability that characterizes the municipalities in the interior of the state, although they mitigate to some extent the difficulties inherent to the scenario of geographical isolation in question.