Juizados Especiais Federais CÃveis itinerantes em Alagoas: uma nova justiÃa

AUTOR(ES)

Josà Geraldo Ferreira

DATA DE PUBLICAÇÃO

2009

RESUMO

The objective of this study is to analyse how the Juizados Especiais Federais CÃveis Itinerantes de Alagoas (Itinerating Special Federal Civil Judicial Hearings from the State of Alagoas [AL]), which have taken place in the cities of Palmeira dos Ãndios/AL, Arapiraca/AL, UniÃo dos Palmares/AL, Santana do Ipanema/AL, Penedo/AL and ViÃosa/AL during the period between the years of 2004 and 2006, have indeed contributed towards the Brazilian citizenship building and development. As a direct consequence from the Brazilian State Administrative Reform processes, the Special Federal Judicial Hearings were duly instituted by the Constitutional Amendment No. 22 dated the 18th of March 1999 and its creation has taken place through the Law No. 10.259 dated 10th of July 2001 thus facilitating the access to Justice. In this very context the Itinerating Judicial Hearings is to be found, and through it the individuals facing judicial processes are able to settle or clear up their lawsuits and thus secure their rights without any costs and with a minimum expense for the Federal Justice budget. This particular activity comprises three analysed items: citizenship, access to Justice and the very reform of the Brazilian State. The item citizenship has been studied regarding its tripartite and multidimensional aspects due to the fact it concerns not only the very conquest of civil, political and social rights, but also contextualized situations of fighting for the amplitude of these rights through the theoretical insight of various professionals amongst them we may notably mention: Thomas Humphrey Marshal and Josà Murilo de Carvalho. The access to Justice, with the advent of the Stateâs social wellbeing, is somewhat conditional in order to ensure and to affect the other rights of citizenship, according to the conception of a variety of authors, particularly Cappelletti and Garth. The reform of the Brazilian State has, as its very base, the neo institutionalism according to Hall and Taylor, per passing through management, institutionalism, changes in Social Security processes in accordance to the concepts of Max Weber, Bresser Pereira, Esping-Andersen, Goodin, Wilensky, Pierson and Myles, and Sydney Jard da Silva. The work relates to an investigation of quantitative and qualitative nature because it analyses figures from the Federal Justice and the performance of the Itinerating Judicial Hearings in the social economic context from the State of Alagoas. It correlates social indicators and the numbers of the Itinerating Judicial Hearings under study. It per passes an explanatory and descriptive analysis due to the fact that: data was collected; documents and the very legislation were examined by the application of a questionnaire open to Federal Judges (Magistrates); talks were held with civil servants and other participants whom acted in the Itinerating Judicial Hearings and with citizens whom benefited form the activities, in order to register the perception regarding the theme of this dissertation. âFrom the analysis of the results it was duly found that the Itinerating Judicial Hearings attended to 2,342 individuals and, after carrying out the due procedures in five of the Itinerating Judicial Hearings under study, an amount for each case charged to the Federal Justiceâs budget was estimated at an average cost of R$ 26,21 (Twenty six Reais and Twenty one Cents). Making thus a correlation between the IDH â Indicador de Desenvolvimento Humano (Indicator for Human Development), PIB per capita (Internal Gross Product), numbers from the Social Security governmental body, the IDSE â Indicador de Desenvolvimento SÃcio EconÃmico (Indicator for Social Economic Development) and the very actuation of these mobile Judicial Hearings it is possible to verify they have truly contributed towards the process of citizenship building and development in the State of Alagoas.

ASSUNTO(S)

itinerating federal justice administrative reform of the brazilian state poder judiciÃrio â alagoas administracao publica cidadania â alagoas contribution towards citizenship reforma administrativa â brasil

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