udicial productivity and demands for access to justice: dilemmas and challenges

Abstract

The purpose of this paper is to describe the challenges and dilemmas of judicial productivity in the face of the high demand for access to justice, within a context of insufficient staffing levels relative to the magnitude of existing procedural demands. Thus, it will analyze how the National Council of Justice has understood and considered, within the Judiciary, concepts such as "litigiousness," "speed," "access to justice," "productivity," "performance," "processing time," and other categories that are considered fundamental to the quality of judicial services in the Justiça em Números reports, but focusing on the performance and productivity of judges and judicial staff who are essential for achieving procedural speed, since they are responsible for a large part of the processing of cases. Their performance and the size of their staff directly impact the response time of the justice system. The aim is to better understand the relationship between the State and society in Brazil, beyond the discourse of the "culture of litigation," since this relationship has traditionally been characterized by a superlative state bureaucracy, inefficient in relation to constitutional principles and purposes, and insufficiently agile in the face of a society subjected to such a reality. To achieve these ends, a brief mapping and bibliographic review will be carried out on research on social perception or opinion about the Judiciary in Brazil; as well as the elaboration and application of a questionnaire for opinion research on the speed of the judicial process, in order to collect quantitative and qualitative data that allow us to describe, as a local analysis, citizens' perceptions of the productivity of the Judiciary; In addition to conducting an open interview with a lawyer on the issue of procedural delays.