Eficiência do judiciário, ativismo judicial e a efetividade das decisões judiciais

• Autor(a) principal: Alqualo, Fernando Pereira
• Data de Publicação: 2016
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da Uninove
• Texto Completo: http://bibliotecatede.uninove.br/handle/tede/1231
• topic: Eficiência do poder judiciário; ativismo judicial; segurança jurídica; democracia; legal certainty; democracy; Efficiency of the judiciary; justice activism; CIENCIAS SOCIAIS APLICADAS::DIREITO

The efficiency of the judiciary is not limited to the temporal aspect of length of proceedings, given that the concept of efficiency must be understood as beyond the speed of the procedural action. This is because, for an efficient judiciary necessarily judicial decisions shall be effective with respect to its own content, then, that the claimants have true access to justice, essential that the judiciary has provided you with a legal and appropriate response to you, regardless of the outcome. The decision ruled in Economic Analysis of Law does not convey the idea of effectiveness, since it is up to the magistrate first function as the link with the law and the commitment to intepretação. In interpreting the judge should be cautious when using the principles and indeterminate concepts to justify their decision and should make use of them only in character complementarity. The Justice Activism is most often characterized by the indiscriminate use of interpretative principles to overcome the limits and justify the decision according to personal conviction of the judge. Thus, the phenomenon of Justice Activism ends up interfering with other powers and face the democratic rule of law, to the extent that the judge's decision goes beyond standard and often distorts the legal text. Similarly, this disparity reflected in the jurisprudence and ultimately cause legal uncertainty on claimants who do not have the minimum of predictability decision by the current way of interpreting some judges, considered "activists". The New Code of Civil Procedure which will come into force next year was prepared with energetic devices in order to curb the features postures activism. The method chosen for this research was the hypothetical-deductive and dialectical, using specialized works and detailed study of all the case law, duly investigated according to the relevance of the work.