THE EFFECTIVENESS OF CONCENTRATED INSTRUCTION IN FEDERAL SMALL CLAIMS COURTS: CONVERGENCES AND DIVERGENCES BETWEEN LAW NO. 9,099/95, ORDINANCE NO. 04/2022, AND THE CODE OF CIVIL PROCEDURE
DOI:
https://doi.org/10.51891/rease.v11i5.19316Keywords:
Access to Justice. Concentrated Instruction. Federal Small Claims Courts. Special Insured. Procedural Speed.Abstract
Introduction: Given the overload of the Judiciary and the increasing number of social security claims, especially by special insured persons, the adoption of mechanisms that promote greater speed and effectiveness in judicial proceedings has become essential. Ordinance No. 04/2022 of the Judicial Subsection of Ilhéus/BA introduced the technique of Concentrated Instruction in the Federal Small Claims Courts (JEFs), enabling conciliation, instruction, and judgment to take place in a single hearing, aiming to simplify and streamline the procedural flow. Objective: This study aims to analyze the effectiveness of the Concentrated Instruction technique in the JEFs, identifying its convergences and divergences with Law No. 9,099/1995 and the 2015 Code of Civil Procedure. It examines the origin, structure, and operation of the model, the legal grounds that support it, and the practical obstacles faced by lawyers and judicial institutions in its implementation. Conclusion: The research shows that Concentrated Instruction is a legally valid and constitutionally legitimate tool, especially when applied to cases involving vulnerable populations. Despite operational challenges and resistance from the legal community, its adoption contributes to the realization of the principles of speed, simplicity, and effectiveness. For its full implementation, institutional strengthening, training of involved actors, and standardization of the model are essential to ensure effective access to justice and timely protection of social rights.
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