PROPER TREATMENT OF PROCEDURAL COSTS AS A PROCESSUAL MANAGEMENT INSTRUMENT

Abstract

The work aims to analyze the impact of the current system of procedural costs in the Brazilian Judiciary from the perspective of economic analysis of law and procedural management. From the documentary bibliographic research, especially from the analysis of data from the Judiciary, it appears that the procedural costs are an element that directly impacts the decision to litigate. The low procedural costs and state funding at the level of 90% serve as a stimulus for filing new demands, the overuse of the Judiciary, the underutilization of alternative methods and the interposition of appeals. Providing adequate treatment at procedural costs involves the approximation of its value to the effective cost of the process and the performance of the magistrate-manager, who must exercise effective control over legal costs in order to grant fair and effective judicial protection.