Economic Analysis of the Conditions of Action Effects over Procedural Delay

Authors

  • Leandro Oliveira Gobbo

DOI:

https://doi.org/10.18836/2178-0587/ealr.v4n2p337-359

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.

Downloads

Download data is not yet available.

Downloads

Published

2014-06-01

Issue

Vol. 4 No. 2 (2013): Economic Analysis of Law Review

Section

Papers

License

The submission of a paper to Economic Analysis of Law Review implies the transfer, by the author(s), to the Catholic University of Brasília (UCB), of the aforementioned work for purposes of reproduction, dissemination, distribution, printing, publication and availability.

This journal offers immediate free access to its content, following the principle that making scientific knowledge freely available to the public provides greater global democratization of knowledge.

Authors who submit manuscripts for publication in EALR irrevocably agree to the following terms:

  1. Authors retain copyright but grant Economic Analysis of Law Review the right of first publication, with the work simultaneously licensed under a Commons Attribution-Share License, after publication, allowing the sharing of the work with acknowledgment of its authorship and initial publication in this journal.
  2. Authors and EALR are authorized to sign additional contracts separately, for non-exclusive distribution of the version of the article published in this journal (e.g., publish in an institutional repository or as a book chapter), with recognition of authorship and initial publication in this journal.
  3. Authors are allowed and encouraged to publish and distribute their work online (e.g., in institutional repositories or on their personal webpage) at any point before or during the editorial process, as this can generate productive changes as well as increase impact and citation of the published work (see The Effect of Open Access).