A justiça é eficiente?: discutindo a análise envoltória de dados (DEA) na avaliação dos tribunais de justiça estaduais brasileiros

Abstract

This dissertation aims to discuss the efficiency analysis of the State Courts of Justice carried out using the DEA methodology, criticizing the model used by the CNJ for its adoption. Although it is used to analyze the performance of productive units of traditional sectors of the economy, the DEA is still little known in judicial studies. The increasing difficulty of obtaining resources, especially in public budgets, puts pressure on public and private organizations for efficiency and the development of methods to measure it and thus help identify failures and propose improvements. This search reflects the legitimate social claim for the proper functioning of public management, pressing on the various powers of the Republic, including judiciary, from whom one expects the good performance of the judicial function of the State, that is, decide the conflicts and pacify social issues. Therefore, the speed, efficiency and effectiveness of judicial protection are highlighted by the importance of efficiency in the administration of justice. Does the study attempt to answer if, based on the DEA, it is possible to improve the calculation model of the IPC-Jus, used by the CNJ to measure the efficiency of the Brazilian State Courts of Justice? The methodology used in this dissertation involves an applied research and, by using this method, the discussion about the efficiency of the judiciary highlights the quantitative approach. The procedures adopted include a bibliographic review of works on the efficiency of the Judiciary, as well as a documentary analysis, notably the Justice in Numbers Report. One of the main conclusions of the study is that the DEA model used by the CNJ can be improved, mainly by including the variable "process time", although there are great challenges to be overcome in its use, given the complexity of its measurement, by example. Finally, it is important to remember that the debate about the efficiency of the judiciary can’t be restricted to quantitative aspects, leaving aside qualitative criteria of the evaluation of the services provided to Brazilians. Therefore, the delivery of the judicial service can’t be summarized in the number of cases.