A efetividade dos juizados especiais estaduais no estado do Ceará: uma análise à luz do princípio do acesso à justiça

Abstract

The Special Courts, established by Laws No. 9,099, of September 26, 1995, and No. 12,153, of December 22, 2009, were created to simplify the procedural process of the Judiciary in less complex claims, to facilitate access to justice. It turns out that the function of these jurisdictional units goes beyond the search for procedural celerity, they also play an important social role, since this system deals directly with the citizen in the exercise of "jus postulandi". The general objective of this work is to analyze the effectiveness of the Special Courts in the State of Ceará, considering the profile of the jurisdictional public and the evolution of the resolution of the disputes, based on data extracted from the annual report Justiça em Números, issued by the National Council of Justice, as well as parameters taken from the Management Performance Report, according to the Strategic Plan 2015-2020 of the Court of Justice of the State of Ceará. To do so, it begins with the definition of access to justice as a fundamental right enshrined in the constitutional text. Then, it starts with the study of Civil, Criminal, and Public Treasury Special Courts, allied to the basic principles that substantiate their purpose, structure, competence, and procedures. Finally, a practical analysis of the efficiency of the Special Courts in Ceará is carried out, which total of 44 (forty-for) units. The research used is classified as bibliographical and documentary, with an exploratory nature, in addition to a quality-quantitative approach, to correlate the data collected with the performance of the Special Courts in the Ceará Judiciary. Because of this, it is concluded that the Special Courts are a palpable alternative to access to the judiciary for the less economically favored, but there are still numerous difficulties to be faced, which makes it time-consuming to unravel the causes. It is undeniable that the introduction of new technologies in the procedural environment and the pandemic of the new coronavirus, followed by the home office, leveraged sentence productivity, but, in the meantime, numerous conflicts were muffled. In addition, these courts are for the Ceará community a less bureaucratic hope of access to the judiciary, however, there are still numerous obstacles to ensuring speed and efficiency dictated by normative diplomas.