UPDATES ON THE SMALL CIVIL COURTS: ACCESS TO JUSTICE AND REASONABLE DURATION IN THE THIRD SMALL CIVIL AND CONSUMER RELATIONS COURT OF OLINDA

Abstract

This dissertation investigated the impact of technological and procedural updates in the Special Civil Courts, focusing on the 3rd Special Civil and Consumer Relations Court of Olinda, analyzing how these changes have influenced access to justice and the reasonable duration of proceedings for disadvantaged litigants over almost thirty years of Law 9.099/95. The general objective was to evaluate the recent updates in the Special Civil Courts, identifying their benefits and obstacles and understanding the effectiveness of these changes in access to justice for this segment of the population. To achieve this, the study aimed to map the main legislative and procedural updates in recent years, analyze their impact on case processing, identify the benefits brought by these changes, examine the challenges faced by litigants, and propose recommendations to overcome these issues. Methodologically, the research was based on documentary analysis and a comparative study between physical and electronic cases processed at the 3rd Special Civil Court of Olinda. Data were collected on processing time, congestion rates, and difficulties faced by litigants in accessing justice. The results indicate that the transition from physical to electronic processes has led to significant improvements in procedural speed, reducing the average case duration. However, despite this evolution, access to justice has become more complex for the most vulnerable litigants, who often struggle with the new digital platforms and the proper formulation of their complaints. The absence of Public Defenders and Court-Appointed Lawyers in the service sectors of the Special Courts has negatively impacted the quality of initial petitions, often resulting in the dismissal of cases due to deficiencies in the legal claims. It is concluded that, while technological innovations have contributed to greater efficiency in case processing, they have also created new barriers for disadvantaged litigants. Therefore, it is essential to implement public policies focused on digital inclusion and strengthening free legal assistance in the Special Civil Courts, ensuring that innovations promote more accessible and equitable justice.