Detalhes bibliográficos
| Ano de defesa: |
2022 |
| Autor(a) principal: |
Nunes, Frederico Augusto Cavalheiro e Carmelo
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| Orientador(a): |
Sacramone, Marcelo Barbosa
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| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
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| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
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| Departamento: |
Faculdade de Direito
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| País: |
Brasil
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| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://repositorio.pucsp.br/jspui/handle/handle/28415
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Resumo: |
The specialization of the Judiciary is a topic of interest to the public administration and businessmen, being a strategy commonly used to deal with the procedural congestion caused by the volume of cases in certain matters of commercial law. Currently, few studies available empirically analyze the business courts in the capital of Sao Paulo. In this study, a survey of the doctrine that deals with the subject of specialization was carried out, highlighting the main concepts, principles, benefits, criticisms and objectives of the measure. The analysis criteria used by scholars around the world to measure the efficiency of specialized judgment compared to generalist judgment were also highlighted. Then, the reasoning of the Court of Justice of the State of São Paulo to create the two business courts in the capital’s main cort was identified, focusing on the quantitative and qualitative analyzes that served to determine the volume of business processes and the workload of judges in complex cases. Finally, procedural data were extracted from the specialized courts, aiming to identify the procedural volume for the period between 12/01/2017 to 02/28/2020, in addition to the characteristics of the processes. The objective is to verify the public of the specialized judgment, but, yes, to understand, as proposals of the administration before the implementation and as current characteristics of the business processes, being that, reflecting the indicators of improvement in the time and greater uniformity of the decisions, no empirical evidence was found in the sense that the evaluated judgment is more efficient than the generalist judgment. The conclusion was that the procedural management strategy of the specialization of judges and civil servants is being successful and must be constantly monitored, determining the cost-benefit, as well as the possibility of the measure being expanded to other districts or, in case of adverse effects, the need to extinguish the new sticks |
