Small Claims:

The Building Blocks of Access to Justice

Abstract

Special Courts in Brazil are a blend between, on the one hand, a need to guarantee access to justice and, on the other, a need for an efficient legal system. This essay argues that we can still return small claims courts to their original purpose: satisfying the individual litigant, and, therefore, (re)constructing the legitimization of our legal system. This article compares small claims courts in Brazil and in the United States, making the user of the law the key to empowering our legal system. Individuals have been driven away from small claims courts, both in Brazil and in the United States, mostly because of the strong predominance of businesses. As a solution, conflicts between individuals should regain value in small claims courts. Small adjustments can be made to adapt Special Courts in Brazil to the needs of the individual; in turn, citizens will garner a greater trust in the legal system.