ACCESS TO JUSTICE BEYOND COURTS: TOWARDS A CONCEPT OF EXTRAJUDICIAL DUE PROCESS OF LAW

The present study aims to critically analyze the new concept of access to justice beyond courts, in order to assert the importance of due process of law in this specific matter. The study compares the concept of access to justice in the Brazilian Constitution of 1988, centered in the role of the courts, and in the Brazilian Civil Procedure Code of 2015, which promotes the idea of multidoor courthouses. Access to justice beyond courts must observe procedural guarantees and fundamental rights, with no place for setbacks. Owing to this, the study elaborates the concept of extrajudicial due process of law, assembling five elements, which will be studied in the article: a) impartiality and independence; b) external control; c) publicity; d) predictability of proceedings; e) contradictory.