Juizados especiais federais: análise da efetividade do postulado da celeridade processual nos juizados especiais federais

Abstract

This paper intends to demonstrate that the Federal Special Courts, regulated by Law no. 10.259/2001, guided by the principles of orality, simplicity, informality, procedural economy and celerity, created as a result of the need to provide greater access to justice, especially for the population that is farthest away from the Judiciary, reducing costs and simplifying Procedures that would allow the judgments within a reasonable time, in the reality of the forensic practice, are being distorted of their objectives. In this dimension, the study presents figures proving that the special courts fulfilled their purpose of providing access to the judiciary, but that they began to suffer from the same problem of common justice: the delays in the delivery of the judicial service. Beyond the incompatibility of structure with the current demand that obviously will cause slowness in the courts. Based on the confirmation of the hypotheses raised, it was concluded that the lack of effectiveness in access to justice in federal special courts is due in particular to excess demand, and among other measures, it is necessary to privilege the administrative solution of the claims. The expectation of a fair process in its procedural dimension finds its main critical points in excessively formal and bureaucratic procedures.