Demandas materialmente repetitivas: um iceberg na litigiosidade do Tribunal de Justiça do Amazonas

Abstract

This dissertation examines the phenomenon of litigiosity in the Brazilian judicial system, focusing on the Court of Justice of the State of Amazonas. The investigation starts from two central questions: the first analyzes the reasons why the judicial system allows the massive conversion of conflicts into demands judicial, and the second examines how the Judiciary manages this extraordinary volume of cases. The work develops a critique of the model of access to justice based on the Cappelletti/Garth, arguing that its continually amplifying, universal and unrestricted nature contributes to the scenario of hyperjudicialization. The research identifies the legalization of social and massification as determining factors for the current panorama of exacerbated judicialization. In the context of the Tribunal de Justiça do Amazonas, the study presents a diagnosis of the current situation, characterized as an episode of explosion of litigiosity. The investigation deepens in problem of repetitive demands, proposing a new classification that divides them into formally and materially repetitive. The work identifies the Unified Procedural Tables of the CNJ as of the difficulty in recognizing and managing materially repetitive demands, using metaphor of the iceberg to illustrate how most of these demands remain invisible to systems of procedural management. As contributions, the study proposes the overcoming of the Cappelletti/Garth paradigm in favor of the model of economic analysis of law and presents the design of a tool based in artificial intelligence for identification, categorization and efficient management of repetitive demands. Finally, it warns about the risks of neglect in relation to repetitive demands for sustainability of the justice system.