Detalhes bibliográficos
| Ano de defesa: |
2017 |
| Autor(a) principal: |
Prestes, Fabyano Alberto Stalschmidt
 |
| Orientador(a): |
Tabak, Benjamin Miranda
|
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Dissertação
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Universidade Cat??lica de Bras??lia
|
| Programa de Pós-Graduação: |
Programa Strictu Sensu em Direito
|
| Departamento: |
Escola de Humanidade e Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
|
| Área do conhecimento CNPq: |
|
| Resumo em Inglês: |
The discussion that unveils the aspects related to the access to justice is relevant, bearing in mind that a new look to the problems that blur this right is necessary, which must be bequeathed to all citizens. In the light of this conceptions the present work brought as general objective the analyzes of tools to make the judiciary management more efficient. To reach the stablished objective, a work that presented compatible scientific method as elected subject was developed, specially the deductive, to particular issues, from general concepts extracted of the bibliographical research, and the inductive to conclusion making. The data analyzed with the bibliographical research and the statistical data contemplate that the State obligation is not synthesized into a mere jurisdictional response, but yet, to the provision of an effective protection, that respects the guiding principle of all the Brazilian judicial system, which is the free access to justice, but also that serves the constitutional principle of a reasonable length process provided as individual right in the Federal Constitution. Therefore, it demonstrates that the ado in the provision of judicial protection, and the lack of structure of the Judiciary Branch constitute a contemporary problem, capable of generating lengthy process, inefficient and unfair, turning the access to justice a chimera that is not harbored by the celerity, but yet, by the lengthening process. Furthermore, the judicial services made available to the society, must be charged in a reasonable way to respond the aspirations of the user and be viable to the State bear the costs in a rational way. The whole limiting context to justice in Brazil is a triggering event in the delay of the conflict effective resolution, and contemplates the increase in costs of process, reducing the trust that the society has for the Judiciary Branch and in the protection of their rights. It was concluded that the reengineering of judiciary management is a crucial instrument to the improvement of judicial service rendering, specially, as incentive to all means of extrajudicial conflict arbitration. |
| Link de acesso: |
https://bdtd.ucb.br:8443/jspui/handle/tede/2296
|
Resumo: |
The discussion that unveils the aspects related to the access to justice is relevant, bearing in mind that a new look to the problems that blur this right is necessary, which must be bequeathed to all citizens. In the light of this conceptions the present work brought as general objective the analyzes of tools to make the judiciary management more efficient. To reach the stablished objective, a work that presented compatible scientific method as elected subject was developed, specially the deductive, to particular issues, from general concepts extracted of the bibliographical research, and the inductive to conclusion making. The data analyzed with the bibliographical research and the statistical data contemplate that the State obligation is not synthesized into a mere jurisdictional response, but yet, to the provision of an effective protection, that respects the guiding principle of all the Brazilian judicial system, which is the free access to justice, but also that serves the constitutional principle of a reasonable length process provided as individual right in the Federal Constitution. Therefore, it demonstrates that the ado in the provision of judicial protection, and the lack of structure of the Judiciary Branch constitute a contemporary problem, capable of generating lengthy process, inefficient and unfair, turning the access to justice a chimera that is not harbored by the celerity, but yet, by the lengthening process. Furthermore, the judicial services made available to the society, must be charged in a reasonable way to respond the aspirations of the user and be viable to the State bear the costs in a rational way. The whole limiting context to justice in Brazil is a triggering event in the delay of the conflict effective resolution, and contemplates the increase in costs of process, reducing the trust that the society has for the Judiciary Branch and in the protection of their rights. It was concluded that the reengineering of judiciary management is a crucial instrument to the improvement of judicial service rendering, specially, as incentive to all means of extrajudicial conflict arbitration. |
