A flexibilização do procedimento como técnica de gestão e eficiência

Abstract

This dissertation aims to investigate the role of procedural flexibilization in the efficiency and effectiveness of the Brazilian civil procedure. It emerges from a constant concern with the effectiveness of the civil procedure - still in crisis in Brazil -, term adopted in this research as the aim of achieving the results desired by substantive law, in a reasonable time, through a procedure that duly observes the necessary guarantees. To achieve this purpose, it investigated the role of adaptation and flexible case management in the guarantee of the effectiveness of the procedure, and the insertion of flexible procedure models in the foreign legal systems, especially in European countries. It also analyzed, more specifically, the French procedural system to understand how flexibilization operates on case management and which results are presented through the measures implemented in the country. Moving on to the Brazilian scenario, it analyzed how flexibility was accepted by the legal system and what are the possibilities and limits of the flexibilization by the judge and the parties, presenting examples of how it can be used to provide greater efficiency, better allocating resources in the procedure and eliminating dispensable acts. Finally, it craved to understand how flexibilization works in practice in the Brazilian scenario, in order to investigate the impacts provided by its utilization and identify the extralegal factors that influence its performance. The dissertation was developed from theoretical research, combined with empirical research carried out through questionnaires, which allowed a concrete analysis of the performance of flexibilization within the Minas Gerais courts. Through the results obtained, it was verified that in despite of not having expressly welcomed flexilization in the law, the brazilian civil procedure is aligned with foreign trends of flexibility, offering different mechanisms that allow procedural adaptation in order to make it more efficient. Furthermore, given the low adherence to flexibilization verified in practice, it concluded that the legal factor alone is insufficient for the operationalization of the technique, requiring cultural change and the provision of sufficient material and human resources to implement the possibilities envisioned from the legal discipline and to achieve the objectives relating to judicial provision in a more efficient and effective way. At the end, proposals were presented to combat the main factors identified as hindering its implementation, in order to contribute to the maturation of the study of the technique in Brazil.