Case Management as an aspect of public administration subjected to the constitutional principle of efficiency: The new democratic management of insolvency proceedings method

Résumé

[extract] The public administration, in Brazil, is divided into three different branches: executive, legislative and judiciary. The main function of the judiciary branch is to solve disputes between people, entities, governmental agencies etc. According to the law, there is a proceeding in which the parties may have the opportunity to show their rights and evidences, so the judge may render the final decision. The way the judge manages the case to get to the final result has a huge impact on the costs and on the efficiency of the Justice. So, it is possible to affirm that the case management is an important aspect of the public administration and the judge, during the proceeding, serves as a public affairs manager.

The judge determines the fate of the parties during the judicial case. But beyond that, the judge also determines how the public resources and the assets of the parties will be used during the case and it may alter the ratio of cost to benefit of the case.