Banca de DEFESA: SÂMARA ROHERS PENHA

Uma banca de DEFESA de MESTRADO foi cadastrada pelo programa.
STUDENT : SÂMARA ROHERS PENHA
DATE: 05/12/2024
TIME: 15:00
LOCAL: Google Meet
TITLE:

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KEY WORDS:

access to justice; Law 3.896/2016; training of servers.

 

PAGES: 204
BIG AREA: Ciências Sociais e Aplicadas
AREA: Direito
SUMMARY:

The research discusses the issue of procedural costs in the Judiciary, focusing on the Court of Justice of the State of Rondonia (TJ/RO), highlighting its importance for improving the effectiveness of the procedural process. To this end, this research addresses the historical context of legal costs, both at the national level and within the state of Rondonia, including the identification of the Legal Costs Laws of each state, their respective updates and guidance instruments on the subject. The research was developed based on questions presented about legal costs by TJ/RO employees, in the years 2018 and 2019. Thus, the general objective was to identify and analyze the main doubts of TJ/RO employees with a view to understanding the Judicial Costs Law for the provision of effective and fair services to citizens. Methodologically, this is research with a qualitative and quantitative approach, a case study, as the focus is on Law 3.896/2016, which refers to regulations governing legal costs in the TJ/RO. Data collection was carried out through documentary research. The data were obtained from the National Council of Justice (CNJ), the Brazilian Institute of Geography and Statistics (IBGE), the Courts of Justice of the Federal Units, the Internal System of the TJ/RO and the report of the main doubts presented by the civil servants of the TJ/RO on legal costs. The literature review includes authors such as Akutsu and Guimaraes, (2012), Kuniochi (2013), Marcellino Junior (2018), Theodoro Junior (2023), Longo e Longo (2010), Becker (2018), Jordao (2020), CNJ (2020, 2021, 2022, 2023), among others. With this research, the results were obtained that throughout history, through political, social and economic transformations, several changes were instituted in relation to legal costs, as well as constitutional and procedural rights that guarantee access to justice to hyposufficient. However, in 51.8% (14 federated units) of the Courts of Justice, the average amount collected, in the form of legal costs and fees, per case, is higher than the per capita income. Furthermore, the lack of frequent review and updating of the Costs Law within the scope of the TJ/RO, associated with the absence of clear guidelines on legal costs, makes it difficult for civil servants to understand the matter, resulting in a less effective service provision. . In view of the analyzes carried out, it is concluded that there is a need to establish mechanisms for the periodic review of legislation relating to legal costs. In addition to creating and maintaining a practical instrument with accessible, visually attractive language, with the aim of guiding civil servants on the procedures and understandings relevant to legal costs, followed by continuous training on the subject. These measures aim to ensure the delivery of an excellent service and promote more effective and accessible judicial provision.

COMMITTEE MEMBERS:
Presidente - 1109299 - DELSON FERNANDO BARCELLOS XAVIER
Interno - 1844091 - RODOLFO DE FREITAS JACARANDA
Externa ao Programa - 2061659 - ROSALINA ALVES NANTES - UNIR