A uniformização de jurisprudência e a efetividade do acesso à justiça nos Juizados Especiais Federais

Abstract

Inspired by state small claims courts, established by Law No. 9,099 / 95, the federal small claims courts (JEFs), created by Law No. 10,259 / 2001, emerged as a form of easier access to the jurisdictional function at the federal level. However, the JEFs, especially due to the nature of the defendants sued there (the Union, its autarchies, foundations and public companies), had their creation surrounded by control attempts on the part of the defendant/legislator. In this context, this work aims to investigate, based on specialized literature and numbers, to what extent the rise of incidents of standardization in Law No. 10,259 / 2001 - as well as the creation of the National Panel of Jurisprudence Standardization of Federal Small Claims Courts (TNU) and Regional Panels of Jurisprudence Standardization of Federal Small Claims Courts (TRUJEF) - impact the effective access to federal jurisdiction in small claims courts. Starting from the (rejected) hypothesis that the uniforming panels represented a setback, complexity and delay in the final rendering of the judicial function, this work seeks to demonstrate that once more the obstacles mentioned in the law of the JEFs have been overcome, with positive results, from the focus given by the own uniformity Courts on the performance of its jurisdiction with a paradigmatic view.