Os efeitos da revelia decorrente da ausência do réu em audiência de conciliação no âmbito do juizado especial cível: um estudo à luz da lei 9.099 de 26 de setembro de 1995

Abstract

This study aims to analyze the application of the institute of default judgment in Brazilian procedural law, with a special focus on the Special Courts. The work is structured into specific stages, beginning with a clear definition of default judgment and its legal framework within Brazilian legislation. The historical context and the reasons behind the establishment of the Special Civil and Criminal Courts will be briefly discussed. The study then delves into a detailed analysis of the nuances and effects of default judgment, drawing from both doctrine and national jurisprudence to determine if there is alignment between legislative intent and judicial interpretation. The importance of conciliation hearings within the Special Courts will also be highlighted, reflecting the legislator's intent in creating these courts. Finally, three practical cases will be presented to illustrate the real-world application of default judgment in Brazilian law, particularly within the Special Courts. Based on these analyses, the study will propose legislative and procedural changes aimed at fostering a more just and equitable legal system, avoiding a punitive and inadequate administration of justice.