A crise da jurisdição estatal e a reengenharia da jurisdição: a relevância da gestão como solução para a crise de efetividade da justiça

Abstract

Currently in Brazilian society, efficient and effective judicial provision is a social and constitutional requirement. The charge for improving the services provided by the Judiciary arises as the new social reality clashes with the former remnants of the bureaucratic management of the Judiciary. The answer to this social demand is made necessary by the revision and reformulation of concepts, structures and organizational culture. In this way, management concepts and their consequent implementation are also necessary for judicial activities. In this sense, the present work aims to provoke a critical analysis and reflection about the management of the first-level judicial units included in the organizational structure of the Labor Justice of the 2nd Region - SP, responsible for beginning of the process and for the initial management of labor demands. The analysis, as well as the reflection proposed by this work, will fall on the public service provided by labor judicial units, according to the provisions of Article 37, “caput”, of the Brazilian Political Charter and of the Constitutional Amendment (EC) n.45/2004. It will be analyzed the principle of efficiency inscribed in the Brazilian Federal Constitution applied to the Public Administration, as well as the state judicial structure of the Labor Court, the management system of the judicial units available for the realization and delivery of the judicial service. This work proposes the abandonment of the bureaucratic management model, seeking the development of a judicial management that allows the maximized and rational use of the available human resources, technological and financial materials, so that the efficiency of the judicial performance is recovered, enriching the results of the organization of the Labor Justice - 2nd Region and that consequently strengthens the legitimacy of the Judiciary Power. Therefore, this scientific research aims at enriching the discussion that is held in Line 1 of the Master's Program in Law at Nove de Julho University called ‘Justice and the Efficiency Paradigm’, in order to foster study in this field and to propagate critical debates about reality experienced by the Judiciary.