A Tomada de Decisão Apoiada: uma proposta de desjudicialização como medida de acesso à justiça

Abstract

Access to justice is a fundamental human right, and it is the State's responsibility to promote it, even through alternative means outside the judicial system, to ensure effective and timely access. However, the Judiciary is currently overburdened, proving incapable of addressing all demands swiftly and effectively. In this context, de-judicialization emerges as a significant mechanism to guarantee access to justice for all citizens, including persons with disabilities, by transferring certain activities, previously under the exclusive jurisdiction of the Judiciary, to extrajudicial services. This study aims to propose the de-judicialization of Supported Decision Making (SDM) as a means of enhancing access to justice, addressing the following question: how would the de-judicialization of SDM promote access to justice for persons with disabilities? To achieve this, a bibliographic review and document analysis were conducted.