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Item A litigância judicial habitual do Estado de Minas Gerais em face de seus agentes públicos, por controvérsias decorrentes de remuneração: estudo do fenômeno e suas causas(Fundação João Pinheiro, 2020-03-27) Couto, Matheus Fernandes Figueiredo; Costa, Bruno Lazzarotti Diniz; http://lattes.cnpq.br/2084604177044476; Costa, Bruno Lazzarotti Diniz; Carneiro, Ricardo; Franco, Marcelo VeigaThe excessive judicialization of life in the current Brazilian society leads us to observe a crisis in the judiciary, in which too many demands are submitted to its scrutiny, and unsatisfactory results returned to society. This is a multicausal phenomenon, and the existence of players (litigants) habitual in the justice system, understood as individuals who obtain comparative advantages in the use of the judiciary in repetitive and serial form, one of its faces. In this context, it is observed that Brazilian public organizations are invariably the largest litigants in the national jurisdiction. In another turn, it should also be noted that national public organizations are essentially bureaucratic and, as such, subject to the typical dysfunctions of their structural model, among which stand out the aversion to change. The aversion to reform can be especially understood from the complexity of the decision-making process within bureaucratic organizations, which, on many occasions, evades rationality, presenting itself as a "garbage can". What was proposed in this paper was the observation of a specific theme with great repercussion in number of lawsuits involving the Executive Power of the State of Minas Gerais, namely; the judicial conflict between State (Executive) and its public agents for remuneration issues. Therefore, this excessive litigation was considered a problem in order to analyze whether the public behaves as a habitual litigant (or repeat player) in the face of its public agents, in the dispute for remuneration, as well as explanations (rational or not) for this behavior. Thus, the following hypothesis was tested: The State of Minas Gerais behaves like a habitual litigant (or repeat player) in the judicial conflict in front of its agents for remuneration, deliberately sending the disputes to the Judiciary, when it could revolve or prevent them by administrative means. This behavior is not only explained by the advantages that a repeat player hypothetically has in the serial judicialization of conflicts, but is influenced, in particular, by the high complexity of the decision making process in the bureaucratic organization, fact that imposes immobility due to resistance to the organizational changes necessary for the selfcomposed or preventive management of these disputes.Item A função do processo coletivo na judicialização da saúde: um estudo de caso sobre o Estado de Minas Gerais(Fundação João Pinheiro, 2017-03-21) Melo, Luíza Viana; Batitucci, Eduardo Cerqueira; http://lattes.cnpq.br/9562452176702956; Pinto, Luciana Moraes Raso Sardinha; http://lattes.cnpq.br/4519213255441318; Haikal, Daniela Mello Coelho; http://lattes.cnpq.br/0209141475152418; Dias, Maria Tereza Fonseca; http://lattes.cnpq.br/8213163806340232Twenty-nine years after the promulgation of the Constitution of the Republic of 1988, it is necessary to rethink many institutes and innovations brought or improved by the Major Law, especially regarding the syndicability of the fundamental right to health and the suitable guardianship to protect and to realize this right, in view of the current scenario of indiscriminate health judicialization. In this sense, the present study considers that the inadequate management of collective guardianship in the scope of health judicialization, in which the Prosecutor's Office favors a health approach based on its individual bias, associated with standardized decisions that do not promote a compatible procedural instruction with the complexity of lawsuits, are factors that end up aggravating a framework of inequalities in access to this right. Therefore, the collective health dimension and the SUS (Unified Health System) have been deprecated in the current judicialization of health, despite the experience of a paradigm of Constitutional State of Law, marked by the publicity of Law and by the force of fundamental social and collective rights.Item O papel da tecnologia da informação no cenário das reformas do Poder Judiciário: estudo de caso no Tribunal de Justiça de Minas Gerais(Fundação João Pinheiro, 2011-03-31) Lima, Tatiana Cristina Mendes; Cruz, Marcus Vinícius Gonçalves da; 80445462787; http://lattes.cnpq.br/3678172153181366; Laia, Marconi Martins de; http://lattes.cnpq.br/1741540398103596; Nunes, Simone Costa; http://lattes.cnpq.br/3716255889958071This research aims to contribute to understanding the role of information technology in the setting of reforms in the Brazilian Judiciary. It was intended to specifically examine such a role in the Justice Court of Minas Gerais (TJMG), through a case study of computerize of the Program to Pay Integral Attention to Judicial Patient Carrier Mental Suffering (PAI-PJ). The theme was explored from an understanding of the state reforms trajectory, observing the precepts of New Public Management. These reforms brought changes in the Brazilian Judiciary, in order to resolve the problems of the "Crisis in the Judiciary", as the inefficiency and ineffectiveness of the jurisdiction. In this context, the processes of adoption of information technology had an important role, because sometimes motivated reforms, sometimes have been motivated by these reforms. The analysis of PAI-PJ computerization process, in particular, allowed to determine the role of information technology in a modern management program that acts under of restorative justice and puts the citizen (patient) in the center of work processes. This form of management reflected in the innovative acquisition of software for customer relationship management (CRM). By observing and analysis of PAI-PJ, is possible to notice that the program had as goal the automation of internal processes, however, there was little willingness to integrate with other instances of TJMG. This sorts the process of adopting information technology, according to Venkatraman, predominantly in a localized level of exploitation in which the benefits from investment are marginal by the lack of willingness to organizational transformation. This observation becomes relevant in the face of rising expenditures in this sector and of concern with quality of public spending by the state.Item Planejamento da força de trabalho no Poder Judiciário Federal: peculiaridades da Justiça do Trabalho.(2017-06-28) Diniz, Lívia Santos; Oliveira, Kamila Pagel de; Nicácio, Cláudia Beatriz Machado Monteiro de LimaA metodologia de planejamento da força de trabalho é uma técnica que visa dotar gestores de ferramentas para traçar estratégias no sentido de melhor aproveitamento de seus recursos humanos e, portanto, que aumenta as possibilidades de sucesso da organização. Nesse sentido, no âmbito do Poder Judiciário Federal, foram publicadas Resoluções com diretrizes para a distribuição da força de trabalho. A Resolução n. 63, de 28 de maio de 2010, do Conselho Superior da Justiça do Trabalho (CSJT) e a Resolução n. 219, de 26 de abril de 2016, do Conselho Nacional de Justiça (CNJ). A publicação de duas normas com o mesmo objetivo colocou a Justiça do Trabalho, particularmente, em um impasse. Isso porque esta Justiça possui legislação própria que dispõe sobre a matéria, a Resolução CSJT n. 63/2010. No entanto, as Resoluções do CNJ estão, hierarquicamente, acima das Resoluções do CSJT, devendo ser aplicadas por todo o Poder Judiciário. Nesse contexto, foi realizado um estudo de caso com o objetivo de caracterizar o modelo de planejamento da força de trabalho utilizado no Poder Judiciário Federal, ponderando as peculiaridades da Justiça do Trabalho. A partir de pesquisa bibliográfica e documental, pôde-se concluir que a Resolução CNJ n. 219/2016 é o modelo atual de distribuição da força de trabalho utilizado no Poder Judiciário Federal e possui características técnicas mais alinhadas às estabelecidas pela literatura, além de estar em consonância com as diretrizes estratégicas do Poder Judiciário. Dessa forma, parece ser mais adequada que a Resolução CSJT n. 63/2010 para orientar a distribuição da força de trabalho.Item Perspectivas entre o acordo e o acórdão: acesso à justiça e uso de soluções tecnológicas em um cenário multiportas(Fundação João Pinheiro, 2021-08-06) Moura, Gisele Luiza Soares; Dufloth, Simone Cristina; http://lattes.cnpq.br/6166815079725368; Dufloth, Simone Cristina; Souza, Letícia Godinho de; Pinto, Luciana Moraes Raso Sardinha; Garcia, Luciana SilvaThe Brazilian Court Administration faces critical issues, such as excessive demands and an extremely time-consuming system with little capacity to handle the existing procedural stock. In this context, the present study deals with access to justice and the use of technological solutions in a multi-door scenario. Therefore, it is relevant to think about other ways of dealing with disagreements and about possible ways to resolve them, which include the use of ADR (Appropriate Methods for Dispute Resolution) and ODR (Online Dispute Resolution). This study aims to present the analysis of the contours and the context of access to justice from the perspective of the adoption of self-compositional methods, such as mediation and conciliation, as well as the implementation of technological tools in the scenario of the State Justice from a scenario of multiple ports. Thus, three fronts of execution of the judicial public policy were mapped: the Courts’ CEJUSCs; the body of mediators and conciliators; inst itutions dedicated to resolve conflicts by alternative methods, registered as private chambers in the Courts. The work is justified since the subject is recent, it deals with a public policy, contributes to the science of public administration and law, to the systematization of dispersed information and to the deepening of a topic lacking in literature. Methodologically, we chose to use qualitative and quantitative methods. The quantitative perspective was based on the analysis of data from the 2,732 mediators and conciliators registered on the CNJ platform and the responses obtained in the two questionnaires sent, one for the CEJUSCs and the other for the private chambers. A literature review was carried out, from a qualitative point of view, including bibliographic research, documentary research (including the normative scenario), participation in seminars and courses, nine semi-structured interviews and multiple case studies of five CEJUSCs for further study. The phenomenon observed is heterogeneous in the country in terms of the quantity and distribution of CEJUSCs, private and professional chambers; the offer of conciliation and/or mediation in CEJUSCs; the regulation of the remuneration of facilitators and the free or non-free service at CEJUSCs; the legal nature of private chambers and the methods used by them; the profiles of professionals in terms of qualifications, expectation of remuneration and areas of activity. The incorporation of technology was verified both in CEJUSCs and in the private chambers, in which the ADR methods were transplanted to the digital environment, and in these fully automated initiatives (ODR) were observed. In addition, we also verified the lack of uniformity between the data records and the volume of information available for public consultation on the subject, as well as differences between the preprocedural and procedural sessions and the conciliation and mediation sessions, such as the percentage of agreements, and between the number of scheduled hearings and the amount that actually takes place. It is suggested to deepen the study within each presented front, as well as to carry out an analysis of the agreements concluded in line with the characteristics of the participants and the use of ODR in the private chambers.