A prestação jurisdicional dos juizados especiais cíveis na solução dos conflitos a partir do princípio da celeridade

Abstract

This work brings the legal system of baila small claims courts, Institute that had its origin through 7,244/84 Law that regulated small claims courts, created to provide access to justice, especially for the poor people that did not have conditions to pay procedural costs nor hire attorneys. Small claims courts had as reference the system of Small Claims Courts (small claims Courts) of New York and the Brazilian experience held by the Court of Rio Grande do Sul who was working with a Board of conciliation and arbitration, this new system deployed in the Brazilian legal system was created to judge the causes of lesser value or lesser complexity. With the advent of the Federal Constitution of 1988, entered a series of changes to the system of Courts, starting with the name changed to small claims court, the Magna Carta also established that the Union and the Member States should create their own special courts for the purpose of providing greater access to justice. It should be noted that from the promulgation of the Law Greater access to justice became a constitutional guarantee. All these changes resulted in the creation of law 9,099/95 which provides for special courts, civil and criminal law proposed to break once and for all with the difficulty of access to justice, as they would face the causes of less complexity with simple and informal procedures, which would facilitate the proposed Justice swift, efficient and not burdensome. The system of special courts gained more strength with the constitutional guarantee of reasonable length of proceedings and procedural speed reached in 2004 with the Constitutional Amendment No. 45, which reformed the judiciary. In this sense, the study on canvas aims to evaluate judicial performance of small claims courts in the solution of conflicts from the principle of speed by research carried out by the 2° special civil court and consumer relations of the city of São Luís do Maranhão. The methodological procedures made through, bibliographic and documentary, because it provided a practical and secure base of the information analyzed. As a result, infers that the small claims courts do not provide with their function, which is to provide judicial protection quickly.