ORDINARIZAÇÃO DO RITO DOS JUIZADOS ESPECIAIS CÍVEIS ESTADUAIS

Abstract

Law 9.099/95, known as the Small Claims Courts Law, represents a milestone in democratizing access to justice in Brazil, offering a simplified, expedited, and low-cost system for resolving less complex disputes. Inspired by international models, such as the American Small Claims Courts, the law prioritizes orality, informality, simplicity, speed, and procedural economy, in addition to fostering conciliation and settlement. These principles are aligned with constitutional guarantees, such as the right to adversarial proceedings, ample defense, and other principles of civil procedure. Established as autonomous microsystems, the Small Claims Courts stand out for their procedural flexibility, emphasis on conciliation, and the use of alternative tools for conflict resolution, without compromising legal security and the effectiveness of decisions. However, transformations in procedural law have resulted in a trend toward the “formalization” of the simplified procedure, characterized by the incorporation of practices from ordinary procedures into the Special Courts' process. This study aims to address the negative effects of this phenomenon when such changes contradict the principles of the Special Courts. Additionally, it unpacks key examples, such as the possibility of overturning final judgments in certain cases (Topic 100 of the Brazilian Supreme Court), increased formalism in the withdrawal of actions (Statement 90 of FONAJE), the suppression of essential hearings, and the preliminary admissibility review of appeals in the first instance.