Post by xyz3800 on Feb 28, 2024 10:36:45 GMT
The expansion of access to Justice promoted by important laws in the country is not the cause of the slowness of the Judiciary. This is the opinion of jurists who met on the 22nd, at the Faculty of Law of the University of São Paulo, for the seminar “Access to a fair legal order”. IBDP Organization The public filled the main hall of the USP Law School, in the center of the capital of São Paulo. IBDP Organization “The slowness has a series of causes, but it is far from the population's access to justice”, refutes Paulo Eduardo Alves da Silva , professor of the Law course at USP in Ribeirão Preto. Silva said that access to Justice has always been linked to the idea of inequality, and Law must be thought of as a mechanism to neutralize this imbalance in society. “The current reading forgets the original concept. We think about the volume of cases from the cabinet's perspective, but, from the population's perspective, they don't feel they have as much access to justice.
Litigation in Brazil involves large companies against small individuals. It is important to know who uses the Judiciary so that we know whether there actually is access to Justice before imputing access to Justice as the cause of slowness”, he considered. For political scientist and researcher Maria Tereza Sadek , having more and more judges would not change the slowness of the Judiciary. And she gave data to corroborate her statement: from, the Exit Mobile Number List number of cases that remain unresolved remains at 70%. “We have to work on the mentality of everyone, the prosecutor, the judge, the defender, Brazilian society. We have 100 million processes. It is not possible for there to be so much litigation. But who goes to court the most? Is it the population? Can we talk about access to justice? Universalization of these rights? We can’t,” she replied.
Maria Tereza recalled that, of the 100 million cases, there is a huge number of actions filed or provoked by public authorities. “State governments, the INSS and other authorities have broad access to justice, but the population does not”, criticized the researcher. Alternative means The judge of Law in Espírito Santo Trícia Navarro spoke about her experience with alternative methods of resolving conflicts. Holder of a civil court, she said that the insistence on alternative means led to more productivity at work. “Since the CPC came into force, I have instituted the Article 334 hearing in all processes. I had a 600% increase in the number of agreements, comparing one year before the CPC and one year after the CPC.” She sees numerous advantages, such as dialogue between the parties, leaving the hearings with a different view of the conflict. “Lawyers are asking for conciliation at other moments in the process and even in special rites.
Litigation in Brazil involves large companies against small individuals. It is important to know who uses the Judiciary so that we know whether there actually is access to Justice before imputing access to Justice as the cause of slowness”, he considered. For political scientist and researcher Maria Tereza Sadek , having more and more judges would not change the slowness of the Judiciary. And she gave data to corroborate her statement: from, the Exit Mobile Number List number of cases that remain unresolved remains at 70%. “We have to work on the mentality of everyone, the prosecutor, the judge, the defender, Brazilian society. We have 100 million processes. It is not possible for there to be so much litigation. But who goes to court the most? Is it the population? Can we talk about access to justice? Universalization of these rights? We can’t,” she replied.
Maria Tereza recalled that, of the 100 million cases, there is a huge number of actions filed or provoked by public authorities. “State governments, the INSS and other authorities have broad access to justice, but the population does not”, criticized the researcher. Alternative means The judge of Law in Espírito Santo Trícia Navarro spoke about her experience with alternative methods of resolving conflicts. Holder of a civil court, she said that the insistence on alternative means led to more productivity at work. “Since the CPC came into force, I have instituted the Article 334 hearing in all processes. I had a 600% increase in the number of agreements, comparing one year before the CPC and one year after the CPC.” She sees numerous advantages, such as dialogue between the parties, leaving the hearings with a different view of the conflict. “Lawyers are asking for conciliation at other moments in the process and even in special rites.