Unlocking the Judiciary: predictive determinants of actual and potential access to Brazilian State Courts

Abstract

Objective: access to justice is a fundamental human right in civilized societies and must be ensured within an efficient and effective judicial system. Most discussions regarding the legitimacy of the judiciary as a mediator of social conflicts revolve around the population’s access to justice. Therefore, this study delves into the factors that determine both potential and actual access to the Brazilian Courts of Justice. Methods: longitudinal data from the 27 Brazilian State Courts of Justice between 2009 and 2020 were organized into panel data, constituting a sample of 324 observations. Results: the results indicate that the number of judges, the number of employees (including civil servants and outsourced personnel), investment in information and communication technology, and the number of lawyers working in the state are the variables that influence actual access to justice. In contrast, the number of civil servants is the sole variable influencing potential access to justice. The results further indicate that the ratio of civil servants per judge — a structural variable — has a statistically significant influence on both potential and actual access to justice. This suggests that institutional staffing plays a dual role: it contributes to expanding access conditions and also supports the judiciary’s capacity to deliver outcomes. While this finding highlights the relevance of this specific structural factor, no other structural variables tested showed consistent significance, which cautions against generalizing the influence of structural determinants as a whole. Additionally, the results show that effective access is more closely related to operational efficiency and the system’s ability to resolve cases. Conclusions: regarding information and communication technologies, the study found limited but relevant evidence of their role in facilitating access to justice, with one specific ICT-related variable showing a statistically significant and positive effect. These findings suggest that the impact of ICTs may depend on particular institutional and managerial conditions and should therefore be interpreted with caution