A política pública de acesso à justiça contida na Resolução nº 125 do CNJ aplicada aos Juizados Especiais Cíveis do Tribunal de Justiça do Estado de Rondônia.

Abstract

The judicial public policy of access to justice contained in Resolution 125 of the National Council of Justice (CNJ) is the subject of this research. Its delimitation was based on the implementation of this access, through the implementation of the judicial public policy contained in the aforementioned resolution, facing the constitutional guarantees of access to Jurisdiction and the production of fair results from the individual and collective point of view, which is the concept access to justice, within the scope of the Special Civil Courts of the Court of Justice of the State of Rondônia. The research problem of this study consisted in examining whether the public judicial policy for the proper treatment of conflicts of interest, instituted by the same resolution, was adequate to ensure access to justice in the mentioned Special Courts. The general objective was to verify if the implementation of the judicial public policy contained in the mentioned resolution contributed to the exercise of the constitutional guarantee of access to justice. Regarding the appropriateness of the theme, the research line shows that public policies and their operationalization, in a democratic perspective, are central elements of the notion of social inclusion and concretization of the values contained in the Fundamental Rights, and that the Graduate Program in Law - Master and Doctorate, University of Santa Cruz do Sul (UNISC), has as its Area of Concentration the Social Rights and Public Policies, having as one of its lines of research the Public Policies of Social Inclusion, which demonstrates the adequacy and relevance of the present study. The method used in this research was the inductive, through the monographic procedure. The research technique employed was that of indirect documentation, through the consultation of books and scientific articles (documentary and bibliographic research). From the point of view of the results obtained, it was concluded that the creation of CEJUSC ended in some way by influencing the expansion of access to justice for that population. However, statistical data, which are the only ones available on the Judiciary Branch, varied very little during the analyzed period, which did not allow to conclude that this implementation had a direct impact on the small reduction of congestion rates of processes, from need to carry out new studies. Another result obtained was the finding that the variables used by the CNJ in its annual report are not sufficient to assess the degree of expansion of access to justice at the place of installation of CEJUSC. What demands a reformulation in the use of the variables and way of collecting the data.