Acesso à justiça e efetividade do processo: um estudo de caso dos juizados especiais da fazenda pública do estado do Ceará

Abstract

This paper consists of a case study of the Special Courts of the Public Treasury of the State of Ceará. The aim of this study is to analyze the effectiveness of the process in these organs, ever since the lawsuits brought, in the first instance, in the County of Fortaleza, until the judgment of the appeal, in second instance, in the light of the guiding principles of the Special Courts. The methodology adopted has a qualitative and quantitative character, through the techniques of documentary, bibliographic and field research and hypothetical-deductive reasoning. The base of this paper is a historical perspective on the right of access to justice, as well as on its conceptual evolution, and is studied the international movement to ensure and expand it in the Justice Systems. Next, this right is examined in the Brazilian Justice System, especially in what concerns the differentiated procedure to process, judge and execute causes of less complexity. Afterwards, the principles of orality, simplicity, informality, procedural economy and celerity is investigated under the prism of the effectiveness of the process. Finally, the investigation of the application of these principles during the whole procedure of the organs studied is scrutinized out by means of the collection of statistical data from a sample composed of processes that reached to the end in 2016.