Brazil's Small Claims Courts Face Access-to-Justice Debate

Brazil's Juizados Especiais Cíveis were created to widen access to the judiciary by allowing citizens to file low‑value claims without a lawyer, up to 20 minimum wages, and to handle disputes up to 40 minimum wages. The courts handle common consumer issues such as bank disputes, health‑plan complaints, airline problems, telecom bills, online purchases, wrongful collections and traffic accidents.

Legal scholars and the consumer‑rights platform Procjus argue that formal access does not guarantee effective justice. They point out an asymmetry: corporations are typically represented by specialized legal departments or law firms, while individual consumers often proceed alone. Vinícius Viana, a legal‑tech founder, questions why the law requires a lawyer for claims above 20 minimum wages yet waives that requirement for lower‑value cases, noting that even small monetary losses can represent months of income for low‑earning families. The discussion centres on whether the current model truly balances the parties and how procedural complexity may disadvantage self‑representing consumers.