The current debate in Brazilian Civil Procedure revolves around efficiency, legal certainty, and access to justice, not austerity. As a matter of fact, the debate over austerity is nonexistent in Brazil so far. By expanding the access to justice to a broader portion of the society, the legal system increased the number of cases and the costs associated with the judicial system. But the excess litigation and expense associated with the expansion of access to justice has contradictorily curtailed access to justice. This new situation demands new efforts to increase efficiency and legal certainty, while still increasing access to justice.

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doi.org/10.5553/ELR.000042, hdl.handle.net/1765/80074
Erasmus Law Review
Erasmus Law Review
Erasmus School of Law

Gidi, A., & Zaneti, H., Jr. (2015). Brazilian Civil Procedure in the ‘Age of Austerity’?. Erasmus Law Review, 8(4), 245–257. doi:10.5553/ELR.000042