This thesis is an analysis of the judicial activity performed by the Magistrates of the State of
Tocantins, especially the extraprocessual consultation by the claimants, in the judge’s office.
This kind of consultation was confronted with the fundamental rights in the Brazilian law,
that are related to the object, willing to bring out the controversial points that make this
activity treated in disparate manners by the Magistrates of the state of Tocantins and the
whole country. It was analyzed the point of view of the judges and the claimants about the
consultation to the judge, to discuss the process in progress. For this, a qualitative-quantitative
research was conducted with data collection through semi-structured questionnaires, answered
by 65 judges of the 42 Counties of the State of Tocantins, reaching magistrates in activity in
the 1st degree of jurisdiction, and by 22 claimants with jurisdictional ongoing processes in this
State. The analysis of the data was made by statistical tabulation with presentation of absolute
and cumulative frequencies, and elaboration of tables and graphs. For the open questions, a
lexical and content analysis was performed by checking the most used expressions on the
given answers, comparing the text elements and grouping close meanings of elements,
enabling the formation of more general categories content. The questions discussed not only
the jurisdictional aspect, but also the feelings of the interviewees about this issue, such as
logistics and the quality of the service. From data collected, a profile of the Tocantins
magistrates was created describing the way they perform the service to claimants and also
their opinion about this practice. The opinion about the claimants was that there is not a rule
among the judges and the consultation to them is subjective, depending on the understanding
of each judge. Also, most of the claimants has no knowledge about their right to talk to the
judges and feels insecure to make such demand. Because of the empirical dimension of the
research, focusing on the judge’s consultation, the availability of the judge, the satisfaction of
the claimants, the impact of the result and productivity between them, an accurate
bibliographic review of the concepts and fundamental rights has been made, especially
effectiveness, reasonable process duration, impartiality and the contradictory, seeking to
demonstrate how the service is understood in the other areas of knowledge such as Philosophy
and Administration, opening the theme to interdisciplinarity.
|
