Uma simples formalidade: estudo sobre a experiência dos Juizados Especiais Cíveis em São Paulo

Abstract

This work is a study about the small claims court, the Brazilian justice system institution responsible for claims considered to be less complex (small claims). Oriented by the principles of orality, simplicity, informality, economy of proceedings and celerity, the small claims courts is the first Brazilian national experience related to the justice informalization. In order to understand the small claims court structure and its functional dynamics, two approachs were designed: a chronological one and other on synchronical basis. The first approach is an analysis of the institutional construction of the small claims courts. After examining the international context in which the access to justice movement was constituted, the study then deals with the formation and structuring of the Brazilian small claims court. Its implementation has been conditioned by the tension between two elements that, at different times, arose in more or less greater degrees of intensity: the pursuit of wider access to justice and the relief of the regular court overload. In the 1980’s, the first element was given more emphasis, and then in the 1990’s, there was a modification, in which the element of regular court relief progressively obscured the dimension of access to justice. The second approach of the study consists in comprehending the current small claims court’s operation. For that two small claims court units located in the city of Sao Paulo were selected: one downtown and another in an eastern district of the city. The research consisted of observation of the dynamics of different procedural stages, concentrating mainly on the conciliation audience. The analysis focuses on the conciliator’s and judge’s performance, the subjects of the sessions and the relation between the parties. It was verified that, generally, the conciliation involves just value negotiating, regardless of rights debate. Also, the assymmetry between the parties stands out by the examination of inequalities at the observed cases. Finally, the Project “Expressinho” – pre-process resolution of claims, involving some registered enterprises – was pointed out as an example to demonstrate some of the trends of the justice system reform proposals.