O impacto da gratuidade judiciária na crise de eficiência do poder judiciário: uma abordagem à luz da análise econômica do direito

Abstract

The present study analyzes the impact of court fee waivers on the efficiency crisis of the Brazilian Judiciary, from the perspective of Law and Economics. Starting from the constitutional principle of access to justice, set forth in Article 5 of the 1988 Federal Constitution, the research investigates how the expansion of free legal assistance, although essential for the enforcement of fundamental rights and social inclusion, may contribute to the efficiency crisis faced by the Judiciary. This applied and explanatory research adopts both qualitative and quantitative approaches, combining a literature review with the analysis of empirical data extracted mainly from the National Council of Justice’s Justice in Numbers report. The findings indicate that the broad and largely unrestrictive granting of the benefit, while reducing economic barriers to accessing the courts, also encourages excessive litigation and generates negative externalities that compromise the system’s financial and operational sustainability. In light of Law and Economics, the study concludes that the effectiveness of access to justice requires a balance between social inclusion and economic rationality, advocating the adoption of objective criteria, the partial and progressive granting of the benefit, and the strengthening of alternative dispute resolution mechanisms as means to promote a more efficient and equitable justice system.