A SEGURANÇA JURÍDICA E A EFETIVIDADE DA TUTELA JURISDICIONAL: UMA ANÁLISE SOBRE A PADRONIZAÇÃO DA ATUALIZAÇÃO MONETÁRIA NO TRIBUNAL DE JUSTIÇA DA PARAÍBA

Abstract

This study analyzes the relevance and impacts of the standardization of monetary adjustment for judicial debts implemented by the Court of Justice of Paraíba (TJPB) through its official calculation tool, TJCALC. Starting from the diagnosis that the historical absence of a unified criterion generated a scenario of severe legal uncertainty, violation of isonomy, and procedural delay, the research investigates how the technological solution adopted by the TJPB overcame these dysfunctions. Through a qualitative methodology, based on doctrinal, legislative, and jurisprudential research, the study delves into the theoretical foundations of monetary adjustment and default interest, tracing the historical evolution of calculation indexes in Brazil, from the normative dispersion of economic plans to the recent amendment of Article 389 of the Civil Code by Law No. 14,905/2024. Additionally, it conducts a comparative analysis with successful models consolidated in other courts, such as that of the TJSP, to contextualize and evaluate the Paraíba initiative. The investigation delves into the genesis, structure, and functioning of the TJCALC system, demonstrating how its interactive architecture and its compliance with legislation and the precedents of the Superior Courts (notably STF's 'Tema 810') represent a vanguard judicial policy. It is concluded that the establishment of the tool is not a mere administrative convenience but an act of governance that embodies the constitutional principles of legal certainty, isonomy, and efficiency, reducing incidental litigation and strengthening the effectiveness of jurisdictional protection in the state.