ANALYSIS OF THE EFFECTIVENESS OF LAW No. 9,099/95 WITH REGARD TO THE SPEED OF JURISDICTIONAL GUARDIANSHIP

Abstract

This article analyzes the Civil and Criminal Special Courts in terms of speed and effectiveness in the provision of jurisdiction. It aimed to address the conceptual dimensions of access to justice; examine the main aspects of the aforementioned Courts in Law No. 9099/95 with emphasis on their principled basis; and discuss the (in)effectiveness of this specialized justice regarding the speed of judicial protection. Access to justice, erected as a constitutional principle, is seen as a basic and fundamental requirement of human rights in a contemporary egalitarian legal system, whose intention is to guarantee and not just proclaim the rights of all, since this access is considered, as a one of the fundamental guarantees of citizens in the Democratic State of Law. Among the postulates of the Special Civil Courts, there is the speed of the process. Furthermore, based on this principle, it is essential that the process has a quick solution, so that it serves its purpose, by satisfying the interest of the individual who submitted his claim to judicial protection and who needed an effective solution within an adequate time. reasonable. The procedural celerity of the Special Civil Courts is closely related to the problem that orbits the slowness of the Common Justice, since the institution of the Special Justice caused its relief. In addition, it is observed the importance of speed in combating the aforementioned problem and the essentiality of the creation of the Courts in question in the alleviation of the exacerbated pressure that affected the Common Justice, by assisting in the legal protection of social rights in a fast and safe way within a systematic truth of “conflict de-judicialization”. It was concluded, therefore, that, despite the problems related to slowness, the Special Civil and Criminal Courts, from Law No.