Níveis de judicialização cível, administrativa e penalum estudo comparativo

Resumo

Purpose: to analyze how judicialization rates in the civil, criminal, and administrative spheres in Brazil can be affected by institutional and legal, socioeconomic, and cultural factors, in comparison with Europe. Methodology: the research employed a mixed-method approach structured as a comparative case study of Brazil and European countries. It utilized official secondary data and descriptive statistical techniques, followed by document analysis and a review of academic literature, covering the period 2012–2022. Findings: the results showed that Brazil exhibits higher and more heterogeneous judicialization rates (approximately 296%) than Europe overall, especially in civil and administrative matters. In contrast, Brazil’s criminal judicialization rate is below the European average. The study highlighted that, in addition to a broad guarantee of access to justice in Brazil, policies such as judicial fee waivers, the judicialization of public policy, and a culture of litigation, among other factors, drive the mass filing of lawsuits. Research limitations: institutional differences among the European countries, as well as the absence of data for some countries at certain judicial levels, hinder a complete comparison of the data. In Brazil, methodological changes in data collection may result in inconsistencies when analyzing certain historical variables. Practical implications: to offer recommendations, based on the academic literature in the field, to improve governance of the Brazilian judicial system. Social Implications: present alternative methods of conflict resolution outside the judicial system. Originality: few studies have conducted a systematic comparison of judicialization rates across the civil, criminal, and administrative spheres, juxtaposing Brazil with a broad range of European countries. This study is novel in employing robust, valid, and reliable databases (DataJud and CEPEJ) to perform such a comparison over the decade 2012–2022.

Ficha do documento

Tipo

Dissertação

Ano

2025

Instituição

Fundação Getulio Vargas

Fonte

Repositório da FGV

Idioma

Português

Acesso

Acesso aberto

Identificador

oai:repositorio.fgv.br:10438/37281

Temas

Políticas PúblicasAdministração PúblicaGovernança

Palavras-chave

JudicializaçãoTaxa de litígiosGovernança judicialComparação internacionalDireito comparadoJudicializationLitigation rateJudicial governanceInternational comparisonComparative lawAdministração públicaPoder Judiciário - BrasilPoder Judiciário – EuropaGovernança pública