Os processos repetitivos e a celeridade processualdissertation
Аннотация: This paper aims at identifying problems provoked by repetitive proceedings, as well as finding means to harmonize proceeding speed with the great increase in the number of judged actions -and a large part of such actions discuss identical thesis.The preoccupation with delays in legal assistance is not to be regarded as a Brazilian exclusivity, since it affects several countries with different degrees of development.Several European countries made their constitutions and laws provide that proceedings should happen within a reasonable time, with no undue delays, and promoted several proceedings alterations aiming at and diminishing great delay in legal proceedings.This study shows that repetitive proceeds deal mainly with consuming relationships: civil servants trying to rescue past salary adjustments; taxpayers trying to avoid the charging of some tax; or actions aiming at benefits from the Social Assistance.Within this limited frame of repetitive actions it may be seen that government entities are directly or indirectly present in all of them.Repetitive actions involving the Ministry of Finance disturb proceeding speed, and this delay seems to be of interest for the public entities, which thus take their time to make payments and promote benefits.Many of the problems taken by citizens to the Judiciary could and should be solved in administrative terms, since the Judiciary cannot become an extension of the teller of public entities.This paper tries to show that incentive to alternative means for the solution of controversies can be a better choice to speed up proceedings than increasing investments in the Judiciary, which often generates more proceedings and the saturation of our courts.
Год издания: 2010
Авторы: Rogério Mollica
Ключевые слова: Brazilian Legal Issues, Law, Economics, and Judicial Systems, Regulation and Compliance Studies
Открытый доступ: gold