ABRANTES, A. S.; ABRANTES, Anderson Soares.
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.