INCLUSIVE JUSTICE FOR THE MARGINALIZED AND THE RIGHT TO UNIVERSAL ACCESS TO JUSTICE THROUGH EXTRAJUDICIAL SELF-COMPOSITION

Abstract

In a society marked by inequalities and the gap between legal norms and social reality, universal justice emerges as a legal principle, an ethical imperative, and an instrument of social transformation. This article aims to analyze inclusive justice as a mechanism capable of ensuring the right of access to justice, particularly for those historically marginalized, with a focus on extrajudicial self-composition as an alternative means of democratizing judicial protection. The general objective is to investigate how universal justice can enhance equity and consolidate a tangible experience of citizenship, while the specific objectives include examining the historical evolution of the right of access to justice; exploring extrajudicial and self-compositional instruments; and emphasizing the importance of legal certainty and the prohibition of social regression as structural guarantees of democratic stability. The research was conducted using a deductive methodology and a hermeneutic approach, grounded in an extensive bibliographic review of books, scientific articles, and journals indexed in CAPES, Scopus, and other academic repositories. The findings indicate that strengthening the Public Defender’s Office, promoting self-compositional methods, and implementing inclusive public policies are essential to transforming formal access to justice into an effective experience of dignity and citizenship. It is concluded that inclusive justice, when assuming a universal character, transcends its normative dimension.