A ausência do juízo de admissibilidade da petição inicial no procedimento dos juizados especiais cíveis e o prejuízo à razoável duração do processo

Abstract

This monograph, inspired by the perception of several flaws during the conduction of lawsuits through the Small-Claim Courts and its special procedures, aims the discussion on the absence of the petition’s admissibility judgment on these proceedings and the correlate prejudice on the length of the whole process. The present discussion also runs through the reasons why these special proceedings were created and how they actually work, as to pleading stages at these special courts, without the preliminary examination. Data obtained from the forensic registry of a specific court “Juizado Especial Estadual Cível” located in Juiz de Fora, Brazil, shows that an expressive part of the actions were judged without the appreciation of the merit after being in transit for a long time because of procedural bias. The subsidiary application of the civil procedural code concerning the inclusion of judgment of admissibility at the beginning of these special procedures is defended as a way to optimize the flow of court processes, just as well as to prevent unnecessary storage of them.