Razoável duração do processo e morosidade judicial: a jurimetria como subsídio para o gerenciamento de processos judiciais

Abstract

The subject to be treated in this dissertation concerns the reasonable length of the process, judicial delays and jurimetrics as a subsidy for the management of judicial processes, and is part of the Justice research line and the efficiency paradigm. We have as general objective the attempt to verify if jurimetrics, as applied statistics to the Law can contribute to the composition of a system of management of judicial processes that allows to reduce the slowness judicial and to cooperate to reach the reasonable length of the process. We will discuss the main aspects of the crisis of the Judiciary and the rampant accumulation of processes that process for years on end without making it possible for the judiciary to deliver the good of life and analyze the use of statistics as subsidiary elements to the management of judicial processes, without dispensing with the Judge as a component capable of humanizing the solution of disputes. A methodological cut will be carried out sequentially using the hypothetical-deductive method to approach the reasonable duration of the process as a fundamental right, judicial delinquency and its problematic, the management of legal proceedings and their characteristics, and, finally, the application of the Statistical tools to the Law as a subsidy for the conduct of the guidelines of the management of judicial processes. In summary, the hypothetical-deductive method seeks to examine the problematic that involves the reasonable duration of the process in the face of judicial delays, investigating the contribution that jurimetrics can offer to improve the management of legal proceedings.