Medidas indutivas como técnicas de gerenciamento do processo

Abstract

The object of this study is the applicability of inductive measures as a case management technique by the judge. This object is closely linked to the area of concentration of the Graduate Program in Procedural Law, "Justice, Procedure, and Constitution," as well as to the research line "Procedure, Techniques, and Protection of Existential and Property Rights." Based on the identification of a procedural efficiency crisis in the national context and the need to reconcile the cooperative essence of the 2015 Code of Civil Procedure with the reconfiguration of the judge's role, the study's scope was delineated. The research problem focused on providing answers and reflections on how inductive measures can be employed as case management techniques. The objective of the investigation was to demonstrate that identifying the legal nature of these measures—of which reward sanctions and procedural nudges are species— allows for an assessment of their scope, applicability, and potential for case management, contributing to greater rationalization, effectiveness, and procedural efficiency. Furthermore, the study sought to support the argument that these measures reinforce the judge’s case management powers and duties without their legitimate involvement in the proceedings being construed as arbitrariness. The primary theoretical framework employed was the nudges theory, alongside studies on reward sanctions and techniques for judicial management of the proceedings. The research sources included national and foreign legal scholarship on the subject, current procedural legislation, and case law from higher courts. The study concluded that inductive measures constitute legitimate and effective judicial tools, enabling the judge to optimize procedural development without compromising impartiality or adversarial principles, in line with the cooperative model established by CPC