O princípio da duração razoável do processo nos juizados especiais federais: a conciliação e os mutirões de audiências previdenciárias como instrumentos de direitos humanos a exemplo da 15ª Vara Federal/SJPB da Subseção Judiciária de Sousa-PB.

Abstract

This monograph discusses the losses that excessive time to judge social security actions in the Special Federal Courts (JEF's) can cause to their jurisdictions, as well as seeking to identify what has caused these delays in processes in the JEF's, mainly in the area social security, and how administrative congestion, with regard to the INSS, and their respective rejections end up causing this excessive judicialization of social security actions and, mainly, understanding this whole situation from the perspective of the principle of reasonable procedural duration which is, above all , a human right. Therefore, the methodology used was deductive, starting from a general conceptualization of the Special Courts, reaching cases of actions involving the INSS, in the Federal Special Courts, more precisely, in the 15th Federal Court/SJPB, Judiciary Subsection of Sousa- PB. The bibliographical research had a quantitative approach, seeking to understand the issue from a current perspective, in order to compare the factual contexts that the JEF's experienced at different times, as well as analyzing their development during these years. The aim is to describe this special body, as the one competent to judge actions within the scope of the Federal Justice, as well as to understand its greatest difficulties, obstacles and dynamics to mitigate the impacts of a high level of judicialization, in addition to rethinking how one can avoid not only the right violated at the administrative level, but also avoid a double violation when its jurisdictions are not enshrined with the principle of reasonable duration of the process. For the theoretical framework, the research was constructed through doctrinal analyses, in addition to field research and reports produced by the National Council of Justice (CNJ, 2020). Therefore, it is concluded that the JEF's do face a judicial congestion, just as the INSS is one of its largest contributors and active litigants, and that this problem also involves the participation of a portion of society, when adventure in actions, which will not result in any financial loss, thanks to the free justice granted to them.