The Judiciary's access to justice and the Tragedy of Commons

Abstract

The article addresses the major issue of access to justice from the perspective of the Tragedy of the Commons, a thesis initially defended by Garrett Hardin in the field of ecology but which later gained application in several other areas, including law. The text demonstrates that the paradox of access to justice was created because, by allowing free access to the judicial system, it became silted up, and, as a consequence, the excess ends up preventing justice from being obtained. Thus, paradoxically, access ended up creating the opposite effect of what was intended to be achieved. The text is not content with presenting only the problems but also possible solutions that can guarantee speedy judicial provision and effective justice. In the words of Rui Barbosa in his “Prayer to Young Men":  “Delayed justice is not justice, but qualified and manifest injustice”.