Brazilian Civil Procedure in the ‘Age of Austerity’? Effectiveness, Speed, and Legal Certainty: Small Claims, Uncontested Claims, and Simplification of Judicial Decisions and Proceedings

13 Pages Posted: 5 May 2016

See all articles by Antonio Gidi

Antonio Gidi

Syracuse University - College of Law

Hermes Zaneti Jr

Universidade Federal do Espirito Santo

Date Written: April 28, 2016

Abstract

The current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and access to justice, not austerity. As a matter of fact, the debate over austerity is nonexistent in Brazil so far. By expanding the access to justice to a broader portion of the society, the legal system increased the number of cases and the costs associated with the judicial system. But the excess litigation and expense associated with the expansion of access to justice has contradictorily curtailed access to justice. This new situation demands new efforts to increase efficiency and legal certainty, while still increasing access to justice.

Keywords: austerity, civil procedure, access to justice, Brazil, small claims

Suggested Citation

Gidi, Antonio and Zaneti Jr, Hermes, Brazilian Civil Procedure in the ‘Age of Austerity’? Effectiveness, Speed, and Legal Certainty: Small Claims, Uncontested Claims, and Simplification of Judicial Decisions and Proceedings (April 28, 2016). Erasmus Law Review, Vol. 8, No. 4, 2015. Available at SSRN: https://ssrn.com/abstract=2771654

Antonio Gidi (Contact Author)

Syracuse University - College of Law ( email )

Syracuse, NY 13244-1030
United States

HOME PAGE: http://www.gidi.com.br

Hermes Zaneti Jr

Universidade Federal do Espirito Santo ( email )

Rua Fernando Ferrari 900
Victoria
Espitito Santo, Espírito Santo 29000000
Brazil

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