Adalmir de Oliveira Gomes

Desempenho no Judiciário. Conceituação, estado da arte e agenda de pesquisa

Judicial performance is a socially important issue, however, research in this area still lacks volume and systematic theoretical and methodological that allows the institutionalization of knowledge. To contribute in this direction this study provides a literature review of recent empirical studies on the subject. Empirical studies published between 1992 and 2011, which had as objective to evaluate or measure the performance of the judiciary in many countries, were analyzed. The results show that the concept of judicial performance is multifaceted, multilevel and judges are the key actors. Efficiency and celerity are the more performance dimensions addressed. The findings also indicate that the issue of judicial performance has received scant attention in the field of public administration. A research agenda for future studies is proposed.

Effects of investment in information and communication technologies on productivity of courts in Brazil

Abstract The adoption of new information and communication technologies (ICT) has been one of the main strategies used by organizations of the Brazilian Judiciary in the search for solutions to the major challenges they face, such as limited access to justice services, high levels of congestion in courts and delays in the adjudication of lawsuits. However, empirical studies showing the results of this strategy are limited. The present study seeks to fill this gap. The objective is to identify and explain the effects of investment in information and communication technologies on productivity of courts in Brazil. In addition to the direct relationship between technology and judicial performance, we investigate the mediating and moderating effects of technology on other drivers of judicial performance. Official data were collected from the Justice in Numbers database of the National Justice Council. Secondary data refer to all state, federal and labor courts in the country, and cover a seven-year period, from 2009 to 2015. Panel data were analyzed using hierarchical regression and conditional analysis. The results confirm four of the five hypotheses, indicating that ICT investment has a direct and positive effect on court productivity, as well as mediating and moderating the effect of other variables on productivity. However, contrary to expectations, investment in ICT does not moderate the relationship between court caseload and productivity; although weak, the observed relationship was negative. Explanations for the findings are presented in the article.

O conceito de coprodução de serviços: proposta de aplicação no Judiciário brasileiro

Despite the relevance of judicial services for the operation of government and society as a whole, the provision of this service in Brazil has almost no received interest from public administration scholars. In this essay we discuss the judicial services based on the co-production concept, the management models and the mechanisms of user’s participation. The purpose of this article is to encourage the co-production of judicial services in Brazil. The work shows how some judicial services are co-produced and how this process could be improved based on the role of judges and managers. Therefore, we offer a set of theoretical propositions to be tested empirically in future studies. We provide conceptual tools to assist researchers in the description, evaluation and prediction of different modes of coproduction of judicial services. In addition, we reinforce with managers and members of the Judiciary the importance of strategically considering the experience and participation of users in the production and delivery of services.

Conflitos e ambiguidades de papéis no trabalho de juízes: as percepções de juízes portugueses

The reform of the judiciaries of several countries have created a new role for judges, a managerial role, in which judges assume new management responsibilities. This new role is different from the traditional one which focused on judicial tasks, and has generated conflict and ambiguity in the work of judges. This study aims to identify and discuss the conflicts and ambiguities between the judicial and administrative roles performed by Portuguese judges. The research took place in Portugal over the period between 2013 and 2014, and data was collected from in-depth interviews with 12 judges. The research identifies several areas of role conflict and ambiguity in the judges’ work. The main conflicts are: incompatibility between the carrying out of judicial and management activities; high workload and insufficient and unmotivated administrative staff; the need to maintain both productivity and judicial quality; and the great responsibility of the position but poor remuneration. The main ambiguities reported are: the formal relationship between judges and administrative officials; the judge’s function in the process of court planning; the criteria for the distribution of judicial proceedings among judges; and the criteria to evaluate judges’ performance. These results are discussed and a research agenda is suggested.

Correlação entre demanda, quantidade de juízes e desempenho judicial em varas da Justiça Federal no Brasil

The demand for judicial services in Brazil unceasingly increases, and despite investments made in workforce and technology, and the creation of new judicial units, the Judiciary has not been able to reduce the caseload. In this context, this paper aims to identify the correlation between caseload, number of judges and judicial performance in Brazilian Federal Courts. Secondary official data were analyzed statistically by linear correlation analysis. The main results indicate a lack of correlation between demand and the number of judges in the courts; positive correlation between demand and court performance; and negative correlation between the number of judges and productivity of the courts. At the end of the text, we will be discussing the theoretical and practical implications of the findings.

Desempeño en el Poder Judicial: conceptualización, estado del arte y programa de investigación

Judicial performance is a socially important issue, however, research in this area still lacks volume and systematic theoretical and methodological that allows the institutionalization of knowledge. To contribute in this direction this study provides a literature review of recent empirical studies on the subject. Empirical studies published between 1992 and 2011, which had as objective to evaluate or measure the performance of the judiciary in many countries, were analyzed. The results show that the concept of judicial performance is multifaceted, multilevel and judges are the key actors. Efficiency and celerity are the more performance dimensions addressed. The findings also indicate that the issue of judicial performance has received scant attention in the field of public administration. A research agenda for future studies is proposed.

Judicial performance: conceptualization, state of the art and research agenda

Judicial performance is a socially important issue, however, research in this area still lacks volume and systematic theoretical and methodological that allows the institutionalization of knowledge. To contribute in this direction this study provides a literature review of recent empirical studies on the subject. Empirical studies published between 1992 and 2011, which had as objective to evaluate or measure the performance of the judiciary in many countries, were analyzed. The results show that the concept of judicial performance is multifaceted, multilevel and judges are the key actors. Efficiency and celerity are the more performance dimensions addressed. The findings also indicate that the issue of judicial performance has received scant attention in the field of public administration. A research agenda for future studies is proposed.