ECONOMIC ANALYSIS OF THE PROCESS: PROCEDURE EFFICIENCY AND FRIVOLOUS DEMANDS

Abstract

The purpose of this article, without claiming to exhaust the topic but recognizing its relevance, is to analyze the need to understand the influence of Law and Economics on the study of the legal process from the perspective of its efficiency. The deductive method will be used to analyze existing doctrinal positions based on general premises in order to reach a conclusion. The article will address not only the differentiation between Law and Economics, the relationship with legal pragmatism, and the phases of the development of Law and Economics, but also its methodological premises. It will then delve into the issue of analyzing the legal process and its efficiency.The article will also examine the viability of the responses provided by the judiciary, comparing them not only with the analysis of behavioral economics as a branch of Law and Economics, but also with a focus on finding solutions to the phenomenon of excessive judicialization, particularly in relation to frivolous lawsuits. Finally, the article will present procedural strategies aimed at achieving truly efficient outcomes and translating the principles of Law and Economics into practice.The ultimate goal of this article is to contribute to the discussion on how Law and Economics can be effectively applied to the study of the legal process, offering solutions to the challenges faced by the judiciary and promoting truly efficient results.