THE JUDICIARY, THE EFFICIENCY AND THE ALTERNATIVE DISPUTE RESOLUTION (ADR)

The principle of efficiency in Public Administration, inscribed in the caput of art. 37 of the Federal Constitution of 1988, is directly related to the fundamental right to the reasonable duration of the process, introduced in art. 5 of the Constitutional Charter. The relationship between the two devices brings to the Judiciary the challenge of finding structural and planning solutions that keep it in step with such determinations. The objective of this paper is to evaluate the alternative dispute resolution (ADR) in the context of this effort. As a result, it is hoped that the design of a more adequate action to face the multiplication of litigation in the Brazilian courts can be derived.