For an integrative approach of the brazilian special courts: Justice informalization experiences in saõ paulo

Abstract

The article analyzes experiences of informalization of justice based on an integrated approach of the civil and criminal areas. Established nationally by Law n. 9.099/1995, the Civil and Criminal Special Courts represent a milestone in the introduction of informalizing elements into the judicial spaces in Brazil and contain internally a tension that is the result of the double objective that they self-attribute: On the one hand, the extension of regulation for everyday conflicts; on the other, the reduction the burden of common justice. The present work is based mainly on the observation of audiences and aims to verify how the operation of the two modalities of courts reflect this tension. The emphasis is on how cases are handled and agreements built. It was verified that the integrated analysis of these different experiences enhances the understanding of procedures involved in the justice informalization strategies. In both spheres, one can observe the results of this tension: A minimalist justice-where there is no room for a substantive discussion of rights- A s well as problems related to the asymmetry of the disputing parties.