Design de sistema aplicados à resolução de conflitos: viabilidade de contribuições do TJMG para o incremento das cooperações jurisdicionais

• Autor(a) principal: Flávio Catapani
• Data de Publicação: 2023
• Idioma: por
• Título da fonte: Repositório Institucional da UFMG
• Texto Completo: http://hdl.handle.net/1843/61959
• topic: Cooperação jurisdicional; Critérios orientadores; Eficiência.; Direito processual; Poder judiciário; Organização judiciária; Cooperação

Judicial cooperation is a recent institute, introduced into the legal system by the 2015 CPC and despite being an important instrument for resolving conflicts of interest in search of greater effectiveness, with the aim of ensuring a reasonable duration of the process, it does not seem to be being used much by operators of the right process. In this sense, the proposal of this work, to further strengthen the institute of judicial cooperation, is to suggest to the TJMG the creation of oriented institutional criteria, related for example to the structure of the court and the professional experience or degree of specialty of the cooperating judicial units, in order to court with the most appropriate competence to carry out procedural acts must be observed. To support this work, an internal file was opened with the TJMG on 03/06/2022 (SEI nº 0540077-79.2023.8.13.0024), to collect statistical data. Information was requested on the congestion rate in the Judiciary of Minas Gerais - which represents the number of new cases that were filed, the processes that were downloaded and the pending stock, referring to the last 5 years, in order to check the trend for the years futures and what techniques and/or strategic planning TJMG has used to improve indexes (improvement of indicators relating to people management, processes, etc.). Although the increase in legal actions with the advent of the Magna Carta was visible, the aforementioned SEI also requested the volume of cases being processed in the Common Courts and in the Special Courts, before and after the Federal Constitution of 1988. To prove this assertion, TJMG was also asked for statistical data about the time it takes for a process to reach its end in the Special Courts and in the Common Court, in each of its procedural phases. At the time of the request addressed to TJMG, the Justice in Numbers Report for the year 2022 had not yet been released. In the aforementioned SEI, the Center for Statistics Applied to First Instance Justice (CEJUR), a body linked to the General Justice Inspectorate of the Court of Justice of Minas Gerais emphasized that, in order to respond to the claim, there was a need to build a new computational application, involving the performance of technical areas of the Court's Internal Affairs and IT Department, in addition to the need for additional work by CEJUR, in the processing and data analysis in order to model information. Therefore, it was not possible to provide a conclusive answer regarding the aforementioned SEI. On the other hand, employees and magistrates of the Special Civil Court of Belo Horizonte were consulted, on a sampling basis, by sending a questionnaire, carried out on the “google forms” platform. The aim was to verify, firstly, the response percentages regarding knowledge levels about the institute of judicial cooperation and possible difficulties in carrying out concertation of procedural acts. Were also investigated which good practices or strategies can be adopted as guidelines, by the TJMG, in outlining contours for system design, to be used by judges, in order to alleviate or eliminate existing misunderstandings, with the adoption of seminars; preparation of booklets; videos that aim to raise awareness among members of the Judiciary, as good contributions. In the research carried out to support TJMG, suggestions were collected, including on the type of stimulus that best fits the needs of cooperators, to enhance jurisdictional cooperation. In the survey carried out, we sought to obtain practical results, if the court encourages cooperating judges, bringing, for example, in percentages, the type of mechanism preferred by judges, to be adopted, whether it will serve as a criterion in promotion based on merit or through remuneration. A more specific approach indicates that strengthening judicial cooperation, as a justice administration strategy, encouraging the concertation of acts, with the optimization of the justice service, contributes to reducing exacerbated formalism and unnecessary bureaucracy, aligned with the main guidelines of the process modern and with great potential to increase the efficiency of the Judiciary, with a reasonable duration of the process.