A eficiência na condução do procedimento pelo magistrado deveres e possibilidades no gerenciamento concreto e colaborativo do caso sob a ótica do (novo) processo civil brasileiro

Abstract

The efficiency and the judge s active role in the proceeding duties and possibilities in the effective case management and cooperative conduct in the light of the (new) brazilian civil procedure intends to analyze the brazilian civil procedure system in its quest for the improvement of the quality and better use of the time (efficiency) in courts, without neglecting the due process of law (the fair trial, which encompass an efficient acting of the Judiciary). Based on the historical context of the new cooperative/democratic and managerial civil procedure system, which if in on one hand grants to the judge the role of protagonist, on the other hand requires that such activity be made with the continuous and effective cooperation of the parties, in a full democratic scenario, some assumptions are established for the efficient case development. In this line of thought, the effective and careful case management by the judge is the core of the work, which indicates that the bureaucratic and careless practice direction is no longer acceptable. New technologies and new procedural mechanisms must be available to be used in the proceeding, to make possible an efficient acting. Best practices must be tested and disseminated to provide a conduct of the proceedings more rational, technical, organized, no bureucratic, somehow, less concentrated in the judge himself (who can delegate and act through his assistants) and, even, more flexible, in some cases when necessary. Finally, the limits of the contratualisation of the procedure and the new procedure border of the institucionals protocols , because of its novelty and importance in the case administration/management, are also deeply analyzed.