Audiência única e a duração razoável do processo nos juizados especiais cíveis

• Autor(a) principal: Nicoli, Ricardo Luiz
• Data de Publicação: 2010
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Institucional do FGV (FGV Repositório Digital)
• Texto Completo: https://hdl.handle.net/10438/11882
• topic: Civil small claims court; Small claims court; Access to justice; Celerity; Single formal audience; Formal audience; Agreement; Instruction and judgement; Reasonable process lasting; Seasonable; Juizado especial cível; Juizado; Acesso à justiça; Celeridade; Audiência única; Audiência; Conciliação; Instrução e julgamento; Tempo razoável do processo; Tempestividade; Direito; Juizados especiais cíveis; Audiência de instrução e julgamento; Acesso à justiça; Prazos (Direito)

This dissertation intends to show that the State Civil Small Claims Courts, regulated by the Law 9.099/95, guided by the principIes of orality, simplicity, infonnality, procedural economy and celerity, which were created because of the need to make a greatest access to justice viable, mainly among the poorest, with the reduction of costs and simplification of procedures that could make the judgements within a reasonable period possible, in the forensic custom rcality, are being misconstrued from their purposes. In this sense, the study shows numbers that confinn that the Small Claims Courts accomplished their aim to provide the access to the judiciary, but started to sufTer from the same problem of ordinary justice: slowness in the delay of jurisdictional execution. Besides the structure incompatibility with the CUlTent demand that will obviously cause slowness in the Small Claims Courts, the study shows the reason for this way of acting of the judges, responsible for the administration of the process, that reproduce in the Small Claims Courts the fonnality and the inherent bureaucracy of regular Civil law, when it establishes, in evident lack of measure with the law in its principies, a procedure with two fonnal audiences, one for conciliation, another when an agreement is 110t reached, for instruction and judgement, in separated days, increasing the time of process duration. The study concludes that the use of a single fonnal audience, besides being a legal detennination, is also in syntony with its principIes, and provides celerity in the judgements, reducing the cost and the waiting time of the litigants, obstacles to the access to justice which the law 9.099/95 tried to remove.