A atermação dos juizados especiais cíveis: como a busca por um processo informal não deve significar um processo deformado

Abstract

This essay discusses the claim form filling sector in the Special Civil Courts, focusing on the analysis of how the principle of informality should not lead to a distorted judicial process, and on the impacts of this institution on procedural formalism. Although the Special Court was created with the premise of ensuring access to justice in a swift and accessible manner, the study investigates the limits of informality in a way that does not neglect the fundamental guarantees of the parties involved. Procedural formalism, with its rituals and guarantees, ensures the balance between the parties and the effectiveness of the law, being essential for the preservation of regular access to justice. However, in the Special Courts, procedural flexibility can create imbalances in the power of the parties, especially when considering the waiver of legal assistance, impacting the balance of the procedural relationship. To this end, the research seeks to reflect on how the informal process can negatively affect the power of the parties, particularly in situations where the lack of legal techniques compromises the full exercise of rights.