National Justice Council Research Articles

Procedural Efficiency and Regional Development: The Impact of the Restructuring of Tax Execution in the Court of Justice of the State of Goiás

Objective: The objective of this study is to investigate the impact of the restructuring of tax enforcement in the Court of Justice of the State of Goiás (TJGO), with the aim of analyzing how the implementation of the Efficient Tax Enforcement Project contributes to reducing procedural congestion and promoting regional development between 2017 and 2022. Theoretical Framework: The Theory of Procedural Efficiency stands out, which addresses the importance of speed and effectiveness in the provision of jurisdiction, Dejudicialization, related to the resolution of conflicts outside the judicial scope to improve process management, and Sustainable Regional Development, which analyzes the impact of judicial practices on socioeconomic development. Method: The methodology adopted for this research comprises a qualitative approach, based on the documentary analysis of reports and regulations of the Court of Justice of the State of Goiás (TJGO) and the National Council of Justice (CNJ). The study focuses on the restructuring of the 1st Tax Enforcement Court of Goiânia and its impacts. Data collection was carried out through the analysis of official documents, such as resolutions, management reports and procedural statistics, complemented by a literature review related to dejudicialization and procedural efficiency. Results and Discussion: The results obtained revealed a significant reduction in the processing time of tax enforcement proceedings in the 1st Court of Goiânia, contributing to dejudicialization and improved procedural efficiency. In the discussion section, these results are contextualized in light of the theoretical framework, highlighting the relationships between procedural efficiency and regional development. Discrepancies in the data and limitations, such as the dependence on official reports, are also proven. Research Implications: The efficiency of the judicial system directly influences Sustainable Regional Development. In this sense, it is essential to understand how the restriction of tax enforcement in the TJGO can serve as a model, balancing procedural agility and regional strengthening, expanding access to justice and promoting an environment conducive to development. Originality/Value: This study offers a unique analysis of the impact of restructuring tax enforcement on regional development, highlighting practices of the Court of Justice of the State of Goiás (TJGO) that increase procedural efficiency and access to justice as a reference for other jurisdictions.

Artificial Intelligence: Contributions to Efficiency and Sustainability in the Court of Justice of The State of Goiás

Objective: To present analyses related to the integration between Artificial Intelligence (AI) and Sustainable Regional Development (SRD) regarding the expansion of access to justice, based on the experience of the Court of Justice of the State of Goiás (TJGO). Theoretical Framework: Advanced technologies in the Judicial System and their contribution to global sustainability, as well as implications for the formulation of public policies for the responsible integration of AI in judicial processes. Methodology: Qualitative and quantitative analysis of data acquired from research, bibliographical and documentary from Reports and Resolutions of the Court of Justice of Goiás – TJGO and National Council of Justice – CNJ, and literature related to AI and Sustainable Regional Development – SRD, about the relationship between sustainability, SRD and AI; the implementation of AI in Brazilian courts, with emphasis on the guidelines of the CNJ (TJGO); the evolution and impact of AI regulations in the Brazilian Judiciary (TJGO); and the effective use of AI in the context of TJGO and other Brazilian courts. Results and Discussion: As a result of this research, we have identified an improvement in procedural efficiency in the judicial system (in access to justice), based on the implementation of AI, especially for vulnerable groups. Implications of the research: The functionality and dynamism of the social and environmental spheres require studies and analyses that assist in the integration for development based on the balanced alignment between both. In this sense, it is important to direct efforts to identify how and to what extent technological advances can be useful for social development, in this case, based on the practices developed by TJGO. Originality/Value: This study presents recent information and analyses on strategies and practices of the Brazilian Judiciary for the integration of Artificial Intelligence and Sustainable Regional Development regarding the expansion of access to justice, based on the experience of the Court of Justice of the State of Goiás (TJGO).

Culpability and Prediction in Medical Error

According to the World Health Organization (2023), 2.6 million people die annually due to preventable adverse events in hospitals. This data is still underestimated, as the study evaluated only 150 countries. Each year, out of the 19.4 million people treated in hospitals in Brazil, 1.3 million experience at least one side effect caused by negligence or recklessness during medical treatment. In 2021, the Federal Council of Medicine reported that 92% of colleges do not meet at least one of the three parameters deemed ideal for the proper operation of medical courses. Every hour, three medical error lawsuits (The National Justice Council states that 3 medical error lawsuits are filed every hour) are filed in Brazil, and medical culpability finds practical and doctrinal differences at civil and criminal levels. The implementation of evidence-based medicine can reduce the numbers indicated and to this end, supported by the medical literature, the practitioner has the opportunity to contain the error and, as a consequence, the accounting of deaths and unexpected events using the exact science for that. The research thus recommends strategies to reduce avoidable errors and calls for stricter penalties for gross error.

Multidisciplinary aspects of the notion of efficiency: a discussion under applicability in the judiciary

This article aimed to discuss the multidisciplinary aspects of the notion of efficiency in relation to the decision maker's actions when aiming to meet speed, transparency, planning and economy. The principle of efficiency was included in the Brazilian Constitution in art. 37 by Constitutional Amendment nº 19, of 06/04/1998, defining the way public administration operates in its spheres of power to optimize management and achieve better results. This is qualitative research, with a descriptive nature, in which the interpretation and explanation of the theme and its social relations with aspects of reality prevail. As for technical procedures, it is characterized as bibliographic and documentary, in which it made use of elaborate material (books, scientific articles) and various materials (legislation, reports, manuals and others). It was found that the notion of efficiency has always been, in general, approached as the cost-benefit relationship observing the combination between available resources and their results (products and/or services). In Brazil, the applicability of efficiency in public management has gained emphasis over the years, both due to the evolution of legislation and the improvement of the way public entities are managed. In the judiciary, speed is more associated with procedural rites (time variable); transparency, good examples are the Justice in Numbers Report and the Socio-Environmental Report; planning, the National Council of Justice is responsible for improving work, control and administrative and procedural transparency; economy, the notion of performance with quality, achieving the best possible result. The concept of eco-efficiency has gained strength in recent years due to the gap in the development and implementation of efficiency as sustainability strategies with the premise of combining economic and environmental efficiencies.

Sustainability Index as A Proposal for Socio-Environmental Evaluation of The Performance of The State Court of Justice of Alagoas-Brazil

Purpose: Analyze sustainability in the socio-environmental management of the judiciary, from the perspective of indicators defined by the National Council of Justice (CNJ) and propose a sustainability index for the socio-environmental management of the PJ. Theoretical framework: Indicators are present in everyone's lives, they are everywhere. They are considered a management tool. Models for assessing sustainability through specific indicators and indices have been the subject of study in several studies, from the perspective of different dimensions. Method: Application of the methodology proposed by Calório (1997), combined with Daniel et al (2001), Sobral, Almeida and Gomes (2012), Faccioli and Gomes (2021) and adaptations, with 21 indicators in the environmental, economic and social dimensions in 9 categories defined by the CNJ aligned with the Sustainable Development Goals (SDG). The Sustainability Index, its classification and scenario analysis are obtained. Results and discussion: An index and model aimed at evaluating the socio-environmental sustainability of the judiciary is presented, in which the general sustainability index - IS0-100 was 20.24%, a level considered bad and classified as a pessimistic scenario, pointing out a warning for the economic and environmental dimensions, in the categories: paper, disposable cups, electricity and mineral water, due to expenses/consumption. The indicators consumption of returnable packaging for mineral water (IA9) and expenditure on mineral water in returnable packaging (IE8) presented the highest level of unsustainability (0.0%). Implications of the research: This research demonstrated that the methodology can be applied to the Judiciary sphere, in the Courts of Justice, and that it has implications in the form of monitoring, and can be used as a parameter for evaluating sustainability in socio-environmental management and contribute to decision-making. Originality/value: The literature is silent in relation to socio-environmental management in the judiciary with the SDGs, there is a lack of studies to assess sustainability. Thus, the knowledge developed in this research fills a gap by proposing a Sustainability Index for this sphere of power.

A EDUCAÇÃO PRISIONAL COMO FERRAMENTA DE INCLUSÃO: ANÁLISE DO SISTEMA PENITENCIÁRIO DO RIO GRANDE DO NORTE

This study explores the realisation of the fundamental right to education for incarcerated individuals in accordance with articles 205 and 208, item I of the CF/88, as well as article 11, item IV of the Penal Execution Law (Law no. 7210). To achieve this objective, an examination of current legal provisions on prison education within the national legal system was conducted, followed by an analysis of the actual conditions present at Mário Negócio Agricultural Penitentiary and Seridó State Penitentiary, situated in Mossoró and Caicó cities respectively, both in Rio Grande do Norte. After carrying out bibliographical and documentary research, as well as case studies, our conclusion is that the city of Mossoró more effectively materialises the right to education. Notably, our research yielded an important finding: Resolution 391/2021, issued by the National Council of Justice, has enhanced the right to remission for reading in certain penitentiaries, including Mossoró. Thus, this study sheds light on the activities of Magistrate Cinthia Cibele Diniz de Medeiros, who plays an active role in promoting education through national events. In conclusion, this article does not provide a definitive discussion on the topic but rather emphasizes the necessity for further empirical research, which can aid professionals dealing with education in building effective action plans.

Creating technical criteria for the hierarchization of public works: Case study in Paraná state, Brazil

Public works in general play an important role because of their expressive value and considerable social relevance. In this respect, it is necessary to establish criteria/indicators for defining the hierarchy of works that must be conducted by a public entity, mainly for works considered ordinary, that is, those that do not stand out from a set of alternatives by degree of emergency or importance. Specifically, the hierarchization of engineering works to be carried out by the Public Administration in Brazil usually adopts the political approach to decision making without the application of rational technical criteria. Therefore, the aim of this article is to present a methodology to define the hierarchy of engineering works with the judiciary branch of power through the creation of technical criteria/indicators, followed by the application of the Fuzzy-Delphi technique to define the indices/weights that comprise the indicators. The technical criteria were created based on Resolution 114 of the country's National Council of Justice (Conselho Nacional de Justiça; CNJ), whose weights were obtained through the aforementioned method, which was applied to a panel of experts, in two stages, with the adoption of triangular fuzzy numbers. The results, which were clear and objective, provide the General Hierarchization Index (GHI), with the ordering/ranking of the works included in the process. The methodology was validated in a case study applied to 162 alternatives (districts), containing 192 buildings of the Court of Justice of Paraná State (Tribunal de Justiça do Paraná; TJPR), proving to be an important tool to support decision making. The optimization of resources through the determination of priorities converges to the sustainable hiring applied to public contracts. Institutions of the other Powers of the Republic could and should also be encouraged by public authorities to conduct technical studies similar to the proposal presented here, always clarifying the need for a clear and objective definition of the criteria and weights to be applied in the development of solutions for multicriteria decision making.

A FAZENDA PÚBLICA EM JUÍZO: UM ADEUS AOS PRAZOS EM DOBRO?

This article aims to analyze the double procedural deadlines granted to the Public Treasury and demonstrate why this prerogative is currently inadequate. Therefore, this work used bibliographic and qualitative research on the doctrine, legislation and jurisprudence related to the subject, as well as quantitative research on statistical data from the National Council of Justice. Currently, given the computerization of institutions and the ease with which personal data can be found, the reasons why procedural deadlines were doubled have disappeared. In addition, there is a great concern with the balance of the civil procedure, making a more accentuated analysis of this scenario of disparities essential.

Voluntary giving up for adoption: analysis of comments by followers on the National Council of Justice (CNJ) Facebook page

The aim of the article was to analyze the comments of followers on the CNJ's Facebook page, regarding the voluntary giving up for adoption. This is a research with an analytical-exploratory character and a quantitative and qualitative approach in the treatment of data. Secondary data were used, obtained from the examination of comments made in the publication on the voluntary giving up of babies for adoption on the CNJ's Facebook page. Data were processed using the IRaMuTeQ software (Interface de R pour les Analyzes Multidimensionnelles de Textes et de Questionnaires), based on the Descending Hierarchical Classification test, for subsequent content analysis. 3 thematic classes emerged: 1) The woman and her choices, 2) Criticism of judicial procedures and 3) The subjugated woman. The main results refer to the judgment of values and subjectivation to which women are exposed, the lack ofknowledge of the law and the myth of maternal love crystallized in the social imaginary. It reflects on the need to invest in the continuing education of all professionals in the Rights Assurance System, developing strategic actions to disseminate and deconstruct prejudices with the law and with women.

Uma Justiça do Trabalho feminista e antirracista é possível?

Abstract This article aims to examine the historical context in which labor law arises and the discourse that underlies it. The objective is to demonstrate how labor rights, despite the social commitment, reproduces a rationality attached to a white and masculine view of the world. It is also analyzed how much this rationality compromises the jurisdictional response to different conflicts involving different bodies. It demonstrates how actions such as the Protocol for Judgment with a Gender Perspective signed by the National Council of Justice have the merit of shedding a light on issues whose potential for a change in rationality cannot be neglected. It proposes, however, to go further, encouraging the creation of spaces for the academic discussion of sensitive topics and the resignification of legal institutes, from a perspective contaminated by decolonial, anti-racist and feminist readings.

Acesso à justiça: do acesso formal ao acesso à ordem jurídica justa

This article aims to outline the path that led to access to justice from a formal perspective to another based on a fair legal order. Anchored in bibliographical and documental research, the work locates the origin of access to justice in the context of the formation of the liberal State, after the collapse of absolutism, and discusses the contribution of the Florence Project to its expansion. It outlines the evolution in Brazilian legislation, demonstrating how it came to be equated with access to the judiciary, leading to the growth of judicialization. It concludes with the strategy for promoting access to a fair legal order, normatively introduced by the National Policy of adequate conflict management, established by the National Council of Justice. By this means, the article highlights the importance of the effective implementation of the aforementioned policy, given that it will provide conflict with solutions marked by their effectiveness, suitability, and timeliness.

Violência policial, tortura e maus tratos: audiências de custódia e Política Criminal de Hiperencarceramento

Custody hearings are defined by the Brazilian National Council of Justice’s resolution no. 212/2015 as a guarantee determining that all individuals arrested in flagrante delicto must be presented to the legal authorities within 24 hours for a hearing outlining the circumstances in which their arrest took place, in order to assess the legality, regularity, and need for the act, as well as to identify possible situations of torture or violence during the arrest. In other words, this aims to guarantee that the individual’s procedural rights will be upheld, based on the perspective of a clash both with Brazil’s rocketing rate of imprisonment and the practices of police torture and violence which may occur during an arrest, aiming to provide a minimum defense of Human Rights. The present work aims to analyze custody hearings in the metropolitan region of Natal, Rio Grande do Norte, problematizing the challenges it faces in terms of criminal policy in Brazil and mass imprisonment, as well as to analyze whether the custody hearings meet their proposed aim, in terms of reducing the practices of police torture, mistreatment, or violence during an arrest.

EFFECTIVENESS OF THE EXTRA JUDICIAL PROCEDURE OF NAME AND GENDER ALTERATION IN THE CITY OF FORTALEZA

This article aims to analyze provision n. 73 of the National Council of Justice (CNJ), 2018, which foresees sex and name alterations for transsexuals directly in the civil registry, as well as the effectiveness of this norm in the city of Fortaleza one year after its publication. The provision was before conditioned to a medical diagnosis, a surgical intervention of sexual reversion and a judicial process. Now, it allows the adaptation of trans people gender condition to their civil registry by self-declaration. Enacted ten days after the WHO removed transsexuality of its diseases and disorders list, the National Justice Council represented a meaningful advance in the field of the rights of excluded people from their citizenship due to a gender orientation and sexuality which differs from the binary man/woman orientation. In order to accomplish this article, critical gender theories in law were articulated to comprehend social and juridical struggles regarding sexuality, with a research in the Civil Registry of Fortaleza. This analysis is justified as a better knowledge of the juridical context in which this innovation happens, as well as the causes that enabled or inhibited the access of trans population to registry services, allowing the elaboration of public policies destined to amplify the number of beneficiaries by the right of civil registry alteration by self-declaration. It is verified that, despite the meaningful numbers regarding trans population in Fortaleza, it is still very a very modest number.

Human Rights Violations in Brazilian Prisons and the Role of the Brazilian Supreme Court and of the National Council of Justice

This research aims to assess the role of the Brazilian Judicial Power in the protection of human rights in prisons, in the light of the actions of the STF and the ‘National Council of Justice’ (CNJ). Initially, from the division of Powers in the Brazilian State, it is conducted a survey of the competences in the Brazilian State to the management of prisons and to the protection of human rights in prisons; subsequently, it is studied the role of the Judiciary in protecting these rights, based on the analysis of the STF and the CNJ actions. As a result, initially, it was found that the violation of human rights in prisons is not something new in Brazil and it reflects other structural problems in Brazilian society, such as the great social inequality and the systemic racism. This violence is worst to women and to sexual minorities, due to either action or omission from the State institutions. In the end, it was found that the STF has important decisions in favor of the protection of the human rights in prisons; however, some decisions of the same court, which toughen incarceration measures, have had an impact on the worsening of the chaotic situation of the Brazilian prison system. Additionally, the CNJ played an important role in monitoring and promoting the protection of human rights in prisons. The method applied in the development of the research is the inductive method, by which it tries to reach a general conclusion from particular data.

Judiciário em tempos de pandemia: um estudo das decisões em habeas corpus do Tribunal de Justiça de Minas Gerais

This study analyzes how the Court of Justice of Minas Gerais is positing themselves regarding the Covid-19 pandemic, especially when considering the actions suggested by the National Council of Justice (CNJ). To this end, the habeas corpus decisions were analyzed using quantitative and qualitative methods, to identify the main outcomes, the arguments used for granting or denying the order, as well as the variables that influenced the person being held in custody. The results showed that the recommendations made by CNJ, regarding Covid-19, had little influence on the granting of freedom to those who had been taken into custody, as the number of releases was very low. In addition, the main factors that influenced the decisions were not those that were not the inmate comorbidities or the prison situation, but the subjectivity of judges and their perceptions about the crimes and the pandemic.

Incarceration of indigenous people in Brazil and resolution no. 287 of the National Council of Justice of Brazil

Abstract This article aims at analyzing Resolution No. 287 of the National Council of Justice of Brazil (CNJ), which establishes special procedures for the treatment of indigenous people who stand as accused, defendants, who are sentenced or are deprived of liberty and shows the necessary process to ensure their rights within the Brazilian Judiciary Branch. It encourages a reflection about why said Resolution’s impact on social representations within the Brazilian Judiciary Branch is nearly none. The Resolution No. 287 is a surprising step by CNJ to effectively recognize the cultural and ethnic plurality of the original peoples of Brazil, although it maintains contradictions inherent to the challenge of overcoming the assimilationist paradigm. However, beyond any new registration protocols, any reduction in incarceration rates or any training of magistrates and adaptation of their services, any change will ultimately come from the outside, as Brazilian elites abdicate privileges coming from their whiteness.

Relations between the Brazilian state and the incarceration of Indigenous peoples: a look at the situation in Mato Grosso do Sul in the context of the COVID-19 pandemic

Abstract This article reflects on relations between the criminal justice system and Indigenous peoples through a perspective that combines anthropology and criminology as complimentary theoretical lenses through which contemporary Indigenous incarcerations can be understood. It charts relations between the historical constitution of the Brazilian criminal justice system and the ideas of ‘necropolitics’ as a defining thread of policies that impact the conditions in which Indigenous peoples are incarcerated. The article considers some of the effects of the COVID-19 (SARS-CoV-2) pandemic on the prison system of the state of Mato Grosso do Sul, where it is possible to evaluate the effects of measures undertaken by the National Justice Council to alter the levels of provisional imprisonment, even if the overall average of imprisoned Indigenous peoples continues to rise. To this end, survey and data processing were carried out using a deductive methodology, coupled with a sketch of historical considerations.

Análise Econômica do Direito, Incidente de Resolução de Demandas Repetitivas e Juizados Especiais

O Código de Processo Civil (CPC) de 2015 conferiu maior proeminência aos precedentes como mecanismo de racionalização da atividade jurisdicional. Num contexto de expansão do contencioso cível, o objetivo deste artigo é avaliar, sob a ótica da Análise Econômica do Direito (AED), o papel dos precedentes na busca por um sistema mais íntegro, estável e isonômico. Nesse sentido, destaca-se o incidente de resolução de demandas repetitivas (IRDR), instituto que visa propor solução para as demandas de massa fundadas na mesma questão de direito. A hipótese que se levanta é de que a efetividade da prestação jurisdicional dos juizados especiais é passível de substancial aperfeiçoamento com a aplicação do IRDR, perpassando a análise acerca da constitucionalidade da aplicação de tal incidente, e, sendo constitucional, qual seria o procedimento adequado, uma vez que o CPC se volta, essencialmente, para o incidente nos tribunais. O método adotado é dedutivo e se fundamenta nos referenciais teóricos da AED, conformação aos precedentes, IRDR e juizados, em sintonia com a análise das estatísticas fornecidos pelo CNJ. Os resultados alcançados demonstram que os juizados especiais respondem por parcela significativa dos novos casos que ingressam no Poder Judiciário, concretizando o primado do acesso à justiça no país, sendo o modelo desenvolvido por Mendes e Romano Neto uma promissora solução para aplicação do IRDR em tal esfera jurisdicional.

O Sistema Multiportas de Resolução de Conflitos e os Serviços Notariais: Uma Análise Sobre sua Aplicação aos Tabelionatos de Protestos

É incontroverso que o Poder Judiciário vem permitindo e adotando formas alternativas à jurisdição para a composição dos conflitos de interesses. No mesmo pensar, tem sido muito exitosa e profícua a sinergia produzida entre os notários e registradores e o Poder Judiciário, ainda mais com as inovações legislativas produzidas nos últimos anos. Em consonância com a eficiência dos serviços prestados o Conselho Nacional de Justiça tem assumido postura a incrementar os meios e as matérias colocados à disposição para a solução dos conflitos servindo-se dos serviços notariais e registrais. Como tônica do presente texto e fazendo referência ao Provimento do Conselho Nacional de Justiça nº 72, dispondo sobre medidas de incentivo à quitação ou à renegociação de dívidas protestadas nos tabelionatos de protesto do Brasil, o presente trabalho destaca a importância do sistema multiportas para solução dos conflitos. Serve-se do método dedutivo e de revisão bibliográfica e conclui pela eficiência dos serviços prestados pelos registradores e notários no Brasil.

A JUDICIALIZAÇÃO DA SAÚDE E OS FUNDAMENTOS UTILIZADOS NAS DECISÕES DOS JUIZADOS ESPECIAIS FEDERAIS CÍVEIS DE SÃO LUÍS – MA

Objectives: In view of the increasing role of the Judiciary in the implementation of public health policies, the Federal Special Courts (JEFs) appear as an important instrument of access to justice for those in need of protection involving the right to health. In this research we seek to understand the phenomenon of the judicialization of public health in Brazil, with an emphasis on the peculiarities of this type of demand within the scope of the Special Federal Civil Courts. We analyzed the ethical, factual, normative, and jurisprudential foundations used in the decisions of the JEFs of Sao Luis / Maranhao-Brazil, from March 31, 2014 to March 31, 2019. Methodology: We start from the deductive method with a qualitative and quantitative approach, with a bibliographic and documentary procedure. In the qualitative approach, to categorize the information obtained, the content analysis method was used, with categorization, inference, description, and interpretation as methodological procedures. Results: We demarcate that, given the absolute competence of the Civil JEFs, it became essential to correctly define the economic expression intended with the cause, as a way to avoid delay in the provision of health protection. We observed that there is a prevalence of ethical motivation in the basis of the judicial decisions analyzed, we also found that the instruments developed by the National Council of Justice (CNJ) were precarious in improving the jurisdictional provision in the case of health demands. Contributions: We raised the need to build mechanisms capable of guaranteeing similar judicial provision for similar situations, as a way of eliminating any kind of judicial lottery. There is a need to comply with the instruments developed by the National Council of Justice (CNJ) and the Ministry of Health (MS), as a way of guaranteeing good faith and legal security in the demands on the subject.