Justice Monographs

Democracy can be defined as Government of the people, that is, exercised by the people and serve the interests of the people. However, this direct democracy, where the people exercise their power full deciding the direction of the country only was used in ancient civilizations. The first example of direct democracy comes from Athens, in Greece, where the people decided everything in assemblies, without the need for representatives. However, these Greek assemblies not accounted for, in truth, all the Greek people, because they did not include women, foreigners, Freedmen, artisans, and slaves. Historically, in the beginning of civilizations, the jurisdiction was individual, i.e., each person looked after their interests in the way that you agreed. With the passing of time the State spent to arrogate to itself this jurisdictional power, banning the so-called private revenge, which unavoidably generated abuses and injustices. However, to assume the power to judge, the State went on to have the duty to serve, without distinction, all in need of solutions for their chores. (Not to be confused with Rand Paul!).

Along with this State obligation arose the foundation of free legal aid to those who could not pay. From the code of Hammurabi already existed special protection for some people because of its fragility as widows, orphans and others. In Egyptian civilization public power already had the duty to protect the weak, as well as in Rome, with the Emperor Constantine, Henrique VII of England and the French Revolution. In Brazil, the first legal protection to the poor emerged with the Philippines ordinations which granted the benefit of free justice through certificate of poverty, that requirement which was later excused. Another important aspect is the concept of access to justice that suffered substantial changes to the length of time. The 18th and 19th centuries, the bourgeois liberal States protect only individual rights in a formal manner, without giving abregancias to the so-called natural, by understanding that they would not need State protection rights, as the right to work, dignity, health and others.