283.3 The redefinition of the judiciary role after world bank technical document nº 319: The experience of Rio de Janeiro state court of law

Thursday, August 2, 2012: 11:25 AM
Faculty of Economics, TBA
Joana D`Arc Fernandes FERRAZ , Administration, Fluminense Federal University, Rio de Janeiro, Brazil
Wagner de Freitas CORDEIRO , Administration, Fluminense Federal University , Rio de Janeiro, Brazil
From the 1990s, in Brazil, redefines the state structure itself. The country opens up to the market for foreign products, there is a wave of privatizations, finally, states that the neoliberal project. As part of these transformations, in the late 1990s, the country has undergone profound changes over the role of the judiciary. The Technical Paper Number 319 of the World Bank was prepared for the purpose of proposing the modernization of the State in Latin America and the Caribbean, "making an important contribution to global development," through reforms aimed at "improving the quality and efficiency of justice by fostering an environment conducive to trade, finance and investments. " (World Bank 1998, p.07). This article aims to analyze and reflect the nature of the reforms implemented in the Brazilian Judiciary, especially those occurring at the Court of the State of Rio de Janeiro, from the careful reading of the recommendations contained in that document. Concerning the nature of the reforms, the article aims to consider the context of creation of this document and its main areas of intervention, and to his reflection, this article is dedicated to presenting data of the Court of Rio de Janeiro to show that criteria for the desired Document, namely, productivity, efficiency, responsiveness actually materialize. The findings indicate that the subordination of the Brazilian judiciary in this document, in many situations, creates a righteousness that distorts the quantitative nature of adjudication and, consequently, of the Judicial Branch. The judicial structure is subordinate then the economic power, constituting a sort of arena uneven, prevails in fighting slow, predictable and a speed in harmony with economic interests. This condition is far from meeting the demands of society for justice, equality, equity, can produce greater social inequality, since there is a prevalence of economic interests over the social.