International Journal of

Arts , Humanities & Social Science

ISSN 2693-2547 (Print) , ISSN 2693-2555 (Online)
DOI: 10.56734/ijahss
Favela’s Individual and Collective Access to Justice under the Brazilian Democratic Constitution: An Overview of 30 Years of Insurgent Peripheral Litigation


This paper discusses the democratization of the judiciary in Brazil considering its access for people who live in favelas. We used a temporal and spatial analysis of the civil decisions rendered by the Court of Appeals of the State of Rio de Janeiro (TJRJ). The analysis takes two perspectives: (1) the access to justice – whether individually or collectively; and (2) the response of judges to the claims filed. The results suggest a connection between: (1) the increasing access by favela dwellers to the judiciary and the improvement of social development levels; (2) low incidence of collective claims and negligence by judges regarding this kind of claim; (3) lack of consistency between the precedents and the favela reality and social changes over the past few years; and how these findings (4) challenged some academic common-sense beliefs on "access to justice" in Brazil.