A study carried out by professor Luciana Yeung, from Insper, points out that the average cost is R$7,300. The estimate takes into account the expenses of the Judiciary and the private costs involved in conducting the process.
The study says that free provision is essential, but it is necessary to ensure that it is given to the low-income population. According to the survey numbers, 21% of new processes are free in poorer regions and the percentage reaches 15% in the richest.
The discussion about the hidden costs of processes comes to the fore while the (Supreme Federal Court) judges an action that discusses the validity of granting free justice.
The subject is revisited because, in many cases, the concession only occurs with one made by the interested party himself.
“The data suggests that the benefit is not being directed primarily to the regions or groups most in need. At the same time, there is a low frequency of detailed reasoning in the decisions that grant the benefit”, says Luciana Yeung.
The debate gained importance with another discussion in the Judiciary: the so-called topic 1396 in the (Superior Court of Justice). The ministers will discuss the need to try an extrajudicial solution in consumer actions.
The researcher’s survey highlights the importance of stimulating alternative conflict resolution mechanisms with faster results and less costs.
“The challenge is balancing the right to action with the need to avoid overloading a system that is becoming increasingly expensive, slow and less efficient for all citizens”, he assesses.
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