A Aplicação do princípio da eficiência na atividade jurisdicional como decorrência do novo papel do poder judiciário.

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

14/03/2011

RESUMO

This dissertation proposes the application of the principle of efficiency in the judicial activity as a result of the new role of the judiciary in Brazilian society. The legal post-positivism and the overcoming of the theoretical model of the liberal state has brought a change of perspective to contemporary society. The classic division of powers as per the paradigm of the modern state has obscured the perception of something evident: the Judiciary in the full exercise of all their activities that is not just those typically administrative but also and especially with regard to main attributions effectively integrates th public administration. Given this premise and considering the normative force of the principle of administrative efficiency that is inherent to democratic rule of law derives the consequence of the existence of a duty of the judiciary to the citzens to present a management results in terms of access to justice for the achievement of fundamental rights. The achievement of such results in turn is directly promoted by the observance of administrative efficiency in the adjudication inself. The arguments used in the foundations of judicial decisions should be vectored by this principle towards the full realization of the right of access to justice which ultimately gives the concrete conditions of enforcing fundamental rights to citzens.

ASSUNTO(S)

the judicial function pós-positivismo jurídico princípios eficiência administrativa função jurisdicional direito legal post-positivism principles administrative efficiency

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