Certificate of justice type ¨ISO¨ to reduce the usual litigation

Abstract

The aim of this paper is to analyse the habitual litigants isues and the causes which raise  the high congestion rate of justice. The interesting aspect of this paper lies on the comparative methodology used which relates the habitual litigants with the economic aspect and the cost benefit resulting in the advantages which biggest litigants get with the litigation time management. To expand the search, the authors collect data on the National Bank for Economic and Social Development website and they list the company which most received public funds. The authors note that the biggest litigants are the same biggest beneficiaries of public money when comparing the lists of the period of 2006 to 2015 of the National Council of Justice which shows the 100 biggest litigants with that list of the biggest beneficiaries of public money. So, it is questionable why the State can lend public money to large companies which usually fail to comply with court decisions and deliberately slow down the judicial proceedings. The authors do not limit to collecting data, for they go further by proposing that the State should assume the role of the judicial issue in order to implement public policies with the character of a premium sanction, to encourage companies to spontaneously comply with the law and judicial decisions. Thus, they formulate an interesting proposal for the creation of a judicial certificate, which would be given by the National Council of Justice or by the highest judicial body of the various sectors of Specialized Justice. That certificate would be a kind of ISO. The certificate would be a mandatory document required for presentation for contracting with the Government, so that the National Bank for Economic and Social Development, public banks, the Union, States and Municipalities would not hire or lend public money to companies that are on the list of usual litigants repeatedly and for years.