MISERABILIDADE COMO PARÂMETRO PARA CONCESSÃO DA ASSISTÊNCIA JURIDÍCA

Abstract

The present work arises from the legal lack of parameters for granting legal assistance, considering that the discretion of the magistrate to grant the benefit prevents access to justice for many underprivileged people. The bibliographic arsenal supports the fact that the noble judges have demanded from the applicant a state of misery in order, only then, to grant legal assistance. The problem in this study refers to the distortion of the concept of hyposufficiency, confusing it with miserability. Thus, it aims to demonstrate the doctrinal controversies and jurisprudence surrounding free legal assistance, as well as highlighting the distinction between hypo-sufficiency and miserability, and the impacts of not granting the benefit. To obtain such a result, a basic bibliographical research was used, through the dialectical method, through the analysis of the theoretical framework. At the end of the study, it appears that the low-sufficient are those whose own subsistence and that of their family may be harmed by the procedural costs and that the denial of legal assistance to them violates the constitutional principle of access to justice and that the current legislation needs complements so that they become truly effective and meet the spirit of the law.