A gratuidade de acesso nos juizados especiais cíveis de Vitória/ES e sua in- fluência sobre o acesso à justiça: uma análise econômica do Direito

Abstract

The present dissertation aims to analyze the effects of the gratuity of justice in the special civil court scope, focusing specially on the special civil court experience in the city of Vitória/ES, particularly under the optics of the plaintiff’s decision of entering (and remaining) in litigation, of settling or even to seek any other alternative means of resolution of existing disputes in the Brazilian positive law. Based upon an analyses particular to the logic-semantic constructivism regarding the formation of the theory of law basis, in particular to the theory of the legal norm, the work renders the readers a theory of interpretation, which distinguishes itself from the the ory of the decision in the light of the discourse direction of fit, analyzing the interpretation under its ontology, yet, not forsaking the scientific method relevance, delivering, at last, an example of scientific discourse of the legal interpretation, substantiated in the law and econom ics analysis, with which a decision shaping of litigating under the shadow of the special civil court is built, but not before performing a literature revision from the last 40 years of law and economic analysis of the civil procedure, throughout the basic model of “Posner-Landes Gould” Until the addition of complexities such as the risk aversion, the strategic behavior and the over optimism. In short, the work tests the performed modeling through qualitative and quantitative research, ascertain its predictive potential, in the light of results obtained in the empiric field of analysis of the city of Vitória and the state of Espírito Santo, ensuring that the results are, accurately as possible, strictly commented and the predictive failures of the model (as well as its merits), properly identified. At last, the possibility of two alternative drafts of the legal norm and the future studies capable of obtaining greater data and evidence regarding the object of study is proposed.