THE REFUGEES AND ACCESS TO JUSTICE: THE PERFORMANCE OF LAW NO. 13,445/17 IN BRAZIL

Abstract

The following paper proposes an analysis of access to justice for refugees in Brazil in light of Law No. 13,445/17. First, we discuss what access to justice is and the difficulties of its effectiveness. Then, we analyze the application of this right and the Brazilian legislation, where we scrutinize the law itself and, finally, the obstacles faced by the refugee person. The study is theoretically based on Capelletti and Garth, for whom effective access to justice is only possible through an "equality of arms" between the parties that engage in the process. The methodology used was bibliographic research, with emphasis on the book Access to Justice by Capelletti and Garth, which introduces and develops contexts and ideas about the theme. In addition, we used Law 13.445/17 as a basis on the rights and duties of immigrants, which establishes guidelines and public policies appropriate to their reality. The results indicated that Law No. 13,445/17 was an important mechanism for the protection of immigrants in Brazilian territory, but it faces numerous obstacles that prevent the realization of the rights contained therein, a character aggravated by the social vulnerability faced by this social group.