O acesso à justiça nos Juizados Especiais Cíveis do Fórum Central de Curitiba: um estudo translacional sobre as demandas conduzidas sem a presença de um advogado

Abstract

This dissertation examines the effectiveness of access to justice within the Small Claims Civil Courts (Juizados Especiais Cíveis) of the Central Judicial District of Curitiba, with specific focus on comparing the outcomes achieved by litigants represented by attorneys and those who proceed without legal assistance. Grounded in a translational research approach, the study employs both qualitative and quantitative methods, combining literature review, documentary analysis, and empirical fieldwork conducted during a professional immersion at the 14th Small Claims Court of Curitiba. A total of 821 judicial decisions issued between January and June 2025 were analyzed, including fully and partially favorable judgments, dismissals, conciliations, and homologated agreements. The results reveal substantial disparities between represented and self-represented parties: cases accompanied by attorneys exhibit significantly higher rates of favorable outcomes, fewer dismissals, and fewer procedural terminations, whereas unrepresented litigants demonstrate greater procedural vulnerability. Although the support provided by the Legal Practice Center (NPJ) alleviates part of this imbalance, it does not eliminate the technical asymmetry. Based on these findings, the research proposes seven practical measures, including improved initial filing forms, automated SMS reminders for hearings, internal training programs, expanded partnerships with educational institutions, and the establishment of a pro bono legal assistance program by the OAB-PR. These solutions aim to strengthen the effectiveness of the Small Claims Courts as a public policy tool for democratizing access to justice. The study concludes that, despite the inclusive design of these courts, the absence of adequate legal representation significantly affects procedural success and underscores the need for institutional policies that enhance technical guidance for litigants.