Concausas of the crisis in the judiciary and insufficiency of reforms

Abstract

The purpose of this paper is to analyze the crisis of the Judiciary, as a background to the observation that legislative reforms - especially those carried out in the last decade, including the recent edition of the New Code of Civil Procedure - have proven insufficient for the aimed at concretizing and effecting the principle of efficiency within the scope of the Judiciary. To this end, the present study is divided into two parts or sections. In the first one, the figures related to the Judiciary will be presented (numbers of the cases provided by official bodies), in particular the official surveys of the National Council of Justice, followed, in a second moment, by an attempt to systematize the concauses of the judicialization in Brazil and of the measures adopted so far to confront it, which allowed us to conclude that the reforms that had hitherto been undertaken were insufficient, mainly normative. The research adopts the hypothetico-deductive approach and the inductive methods. It is also useful for the dialectical method, with the aim of seeking possible syntheses for the divergences raised. Therefore, it is diagnostic research, with data on the first part and analysis of concausas of such numbers in the subsequent part, in which we established the distortion of judicialization, driven by culture of litigation, by and  gigantism in reason of the low effectiveness of the guardianship courts as concausas for the so-called judicial crisis. The type of research is the bibliographical one, from books and scientific articles.