Economic Analysis of the Conditions of Action Effects over Procedural Delay

Leandro Oliveira Gobbo

Abstract


This is an analysis of the jurisprudence of the Superior Court of Justice related to the conditions of action, with the aim of identifying the effects of the eclectic theory of action and theory of assertion in the legal procedure speed, efficiency and cohesion. Based on the methodology of the Economic Analysis of Law, it determines patterns, similarities and differences within the jurisprudence, which are demonstrated by means of graphs, and analyzes these results to verify the usefulness of the conditions of action. The results indicate that the conditions of action and the model of the eclectic theory, as currently applied by the Brazilian judiciary, do not cooperate to the legal procedure speed and is not consistent with the use of the process as a tool for the access to the legal system.

Keywords


Conditions of Action, Theory of Assertion, Procedural Delay.



DOI: http://dx.doi.org/10.18836/2178-0587/ealr.v4n2p337-359

Economic Analysis of Law Review  -  ISSN 2178-0587

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