A efetividade da regionalização das varas empresariais no Rio Grande do Sul

Abstract

The specialization of judicial jurisdiction in corporate law has been increasingly recognized as an important mechanism to promote procedural efficiency, improve the technical quality of judicial decisions, and enhance the predictability of rulings, particularly in judicial and extrajudicial reorganization and bankruptcy proceedings. In this context, the Brazilian National Council of Justice issued Recommendation No. 56/2019, encouraging state courts to restructure their judicial organization through the creation of specialized courts for corporate insolvency, allowing for regionalized jurisdiction. In compliance with this guideline, the Court of Justice of the State of Rio Grande do Sul implemented regional corporate courts starting in 2019 in several judicial districts across the state. Given the economic, social, and institutional impact of insolvency proceedings and the lack of publicly available academic studies assessing this model, this research aimed to analyze the effectiveness of the regionalization of corporate courts in Rio Grande do Sul, particularly with regard to reorganization and bankruptcy proceedings, examining their alignment with the CNJ recommendation, their impact on judicial performance, and potential implications for access to justice. The study adopted a predominantly empirical methodology, employing both quantitative and qualitative approaches, based on data extracted from a study conducted by the Brazilian Association of Jurimetrics, as well as a survey applied to lawyers, court staff, judges, and appellate judges at both state and national levels, enabling a comparative analysis of legal professionals’ perceptions. The findings indicate that court specialization contributed to increased procedural speed, improved technical quality of decisions, and greater predictability of outcomes, especially when compared to non-specialized courts, although structural limitations, the need for continuous training, and technological improvements were identified. It is concluded that the regionalization model adopted by the Court of Justice of Rio Grande do Sul has proven to be effective and consistent with the objectives that motivated its implementation, representing an appropriate judicial policy, albeit one that requires ongoing refinement to achieve its full potential within the contemporary framework of corporate justice.