Judiciário e Economia: uma análise da relação da prestação jurisdicio nal brasileira e o desenvolvimento econômico.

Abstract

Despite a widespread feeling in our society that the Judiciary is inefficient, it is understood that this institution is of fundamental importance for economic development, because it is an institution that acts, or should act, to promote guarantees, such as protection property rights and contract enforcement, for example. Troubled justice guarantees insufficient protection. If the jurisdictional provision carried out by the Judiciary Power proves to be inefficient, the risk in concluding business is increased, causing investment flight, reducing the use of available capital, raising the interest rate and making access to the market difficult credit, in addition to encouraging breaches of contracts. Slowness, high costs, partiality, unpredictability, among others, are some of the problems that can affect the Judiciary and, consequently, the economy and economic development. What is sought to demonstrate is that there is a relationship between the Judiciary and development. Therefore, when jurisdictional provision does not work as it should, it has negative impacts on development. Therefore, the inductive method will be used, through which, considering the problems of the Judiciary, it will be concluded that these problems cause damage to economic development. In addition comparative procedure and historical-evolutionary methods were used, especially for the study of the guiding principles of jurisdictional provision. The legal system brings a series of norms and principies provided for in CF/88 and in infra-constitutional legislations, such as CPC/15 and CPP, among others, which establish how the jurisdictional provision should work. Principles such as Acess to Justice, Due Legal Process and the principles that originate from it, Reasonable Length of Process and Efficiency and Legality are some of these principles. We know, however, that practice is different from theory. And there is, therefore, a distance between what the legal system determines for the jurisdictional provision and reality. From the reality of jurisdictional provision, the lack of acess to justice for a large part of the population, slowness, high legal costs, unpredictability and partiality stand out. These are some of the Judiciary that distance the ideal established by the legal system from the practical reality of the Judiciary’s daily life. It is also important to highlight the difference in the definition of economic growth and economic development. Such definitions cannot be confused. Economic growth is just one variable of economic development, while this is something broader and more related to people’s quality of life. Growth does not always benefit the economy as a whole and the population as a whole, unlike economic development. In others words, economic growth is not always accompanied by economic development. The development process experienced by Brazil throughout the 20th century, for examplo, was characterized by strong growth, but great social exclusion, by neglecting education and the potential of social policies, generating terrible income distribution and social indicators nor consistent with a country that was once one of ten largest economies in the world. What caused the growth not to be sustained over time. In addition, this process of social exclusion has also meant that a large part of the population does not have access to justice, which affects not only the Judiciary, but also democracy and the rule of law.